1985 Supreme(AP) 235

Andhra Pradesh High Court
Judges : A.P.RAVANI
In the matter of - Appellant
Versus
Prakash Navnitbhal - Respondent
C. A. No. 16/1985. in Misc. Petn. No. 4/1979.
Decided On : 05-08-85
Advocates Appeared :
C. G. Mehta

Headnote:Majority Act (9 of 1875), S. 3 - Hindu Minority and Guardianship Act (32 of 1956), Ss. 4 (a), 5 (b) - Hindu minor - Guardian of his person and property appointed by Court - He will attain majority after 21 years and not 18 years - Provisions of Act 32 of 1956 do not override Majority Act.

       Held: If a guardian of the person or property is appointed or declared by a court or superintendence of his property is assumed by the Court of Wards, the minor shall be deemed to have attained majority on the completion of twenty-one years, despite the overriding effect of the Hindu Minority and Guardianship Act over other Acts. The reason is that the Hindu Minority and Guardianship Act deals only with natural and testamentary guardians and their powers cease on the appointment of a certified guardian or the assumption of superintendence by a Court of wards. Therefore, the Hindu Minority and Guardianship Act virtually leaves the age of majority of a Hindu Minor unaffected. The overriding effect of the Hindu Minority and Guardianship Act comes in only in case of inconsistency between its provisions and any other law in force immediately before its commencement.