Void ab initio: Meaning, Explanation, Examples & Case Laws

Literal meaning	Void from the beginning
Pronunciation	void ab in-ISH-ee-oh

An agreement or act that is treated as never having existed in law. It has no legal effect from the start and cannot be ratified.

Example

A contract with a minor is treated as if it was never made.

Case laws

Mohori Bibee v. Dharmodas Ghose (1903), Privy Council: a minor's mortgage was held void, so the money could not be recovered from the minor.

Statutory link

Indian Contract Act, 1872, Section 2(g): an agreement not enforceable by law is void.
Section 11: a person who is a minor is not competent to contract.
Section 23: an agreement with an unlawful object is void.
Section 2(i) and Section 19: a voidable contract is valid until the aggrieved party avoids it.

Exceptions / limits

A void ab initio agreement cannot be ratified. A voidable contract can be ratified or avoided by the party entitled to do so.

Comparison table

Basis	Void ab initio	Voidable contract
Status	Invalid from the moment of making	Valid until the aggrieved party avoids it
Who can avoid it?	No one needs to; it never existed	The aggrieved party
Ratification	Not possible	Possible
Example	Contract with a minor	Contract caused by coercion or fraud

Exam tip

Commonly asked as 'void vs voidable vs illegal agreements'.

Memory trick

AB = At the Beginning. Void ab initio is never born; voidable is born but can be killed.

Key takeaway

Void ab initio means void from the very start and incurable.