Void means null, having no legal or binding effect.
Effect of void disposition: A void disposition leaves the title in the family, the purchase acquiring nothing thereby. The title of the purchaser is derived from a person whom himself obtained void title and is also void, so that a latter purchaser from the family takes it for free.
Voidable: A valid act which may be avoided or declared void.
Distinction between void and voidable: The distinction between void and voidable was clearly brought out in a dictum of Lord Dening in Macfoy v UAC Ltd 1962.
“He said if an act is void, then it is in law, a nullity. It is not only bad but incurably bad. There is no need for an order of court to set it aside; it is automatically null and void without any ado. Though it is sometimes convenient to have the court declare it so and every proceeding which is founded on it is also bad and incurably bad”.
One cannot put something on nothing and expect it to stay there, it will collapse. But if an act is only voidable then it is not automatically void, it is only an irregularity which may be waived [failure to action] it is not to be avoided unless something is done to avoid it. There must be an order of the court setting it aside and the court has discretion whether to set it aside or not; it will do so if justice demands it but not otherwise.
Effect of voidable disposition: A voidable title is valid until it is set aside by an order of the court at the instance of the aggrieved party. And the effect is that the title will be preferred to that of a subsequent purchaser even with the consent of the entire family. But in order to avail himself of the right to have the sale set aside, an aggrieved party must act in time so as to avoid his claim being defeated by acquiescence [serious delay in taking action]
