void ab initio

Latin · VOYD ab in-ISH-ee-oh · Contract and commercial

Meaning. Void from the very beginning, as if it had never existed in law.

A transaction void ab initio has no legal effect at any time; it needs no court order to be ineffective, though a declaration is often sought for clarity. A minor's agreement, an agreement with an unlawful object, and a marriage void under Section 11 of the Hindu Marriage Act, 1955 (bigamy, prohibited degrees, sapinda relationship) are void ab initio.

Distinguish this from a voidable act, which is valid until avoided, and from an act that is valid when made but becomes void later (such as a contract frustrated by supervening impossibility). No one can claim rights through a transaction that is void ab initio, though restitution may be ordered.

Example

A second marriage during the subsistence of the first is void ab initio under Section 11 read with Section 5(i) of the Hindu Marriage Act.

In Indian law

Section 2(g), Indian Contract Act, 1872; Section 11, Hindu Marriage Act, 1955
Mohori Bibee v. Dharmodas Ghose (Privy Council, 1903): a minor's agreement is void ab initio

void ab initio

Example

In Indian law

See also

Read more in the study notes