The main legal point established in the judgment is that under the Hindu Minority & Guardianship Act, the natural guardian of a minor has the power to sell the property for the benefit of the minor, and the age of majority for the minor is defined as completion of 18 years.

D. Sreedevi, J.

This Revision Petition is directed against the order on LA. No. 1269 of 1998 in G.O.P.No. 33 of 1993 of the Addl. District Court, Ernakulam.

2. Petitioner has two minor children viz., Vivek Vijayakumar and Vandana Vijayakumar, who own immovable properties. Petitioner and his children are Hindus. Since the properties of the minor children had to be sold for their welfare, the petitioner filed G.O.P.No. 33 of 1993 before the Addl. District Court, Ernakulam under S.8(2) of the Hindu Minority & Guardianship Act, for permission to sell the property of the minors. The court granted permission and the sale proceeds were deposited in a bank under fixed deposit scheme. Minor Vivek Vijayakumar is aged 18 years as oh 14.7.1998, his date of birth being 14.7.80. Hence the petitioner filed the above I. A. No. 1269 of 1998 for return of the fixed deposit receipt in the name of Vivek Vijayakumar. The Court below dismissed the petition, holding that by virtue of S.3 of the Indian Majority Act, the ward will attain majority only at the age of 21.

3. Petitioner in this case has applied for permission to sell the property of the minor under S.8(2) of the Hindu Minority & Guardianship Act. Hindu Minority & Guardianship Act defines 'minor' as a person who has not completed the age of 18 years. Petitioner, being the father of the minor, is his natural guardian. Natural guardian of a Hindu minor has power to do all acts which are necessary or reasonable and proper for the benefit of the minor. But the guardian can in no case bind the minor by a personal covenant and he shall not, without the previous permission of the court, mortgage or sell "the property of the minor. Therefore, petitioner as the natural guardian of the minor applied for permission to sell away the property for the benefit of the minor child. The court granted a decree in favour of the petitioner, allowing him to sell away the property of the minor. The Act does not deal with majority of the minor. Since the minor has attained the age of 18 years, the right of the guardian ceases so far as the property of the minor is concerned. Nowhere in the Act the word 'majority' has been used. The learned counsel for the petitioner submitted that the minor can deal with the property only if he attains the age of majority and the age of majority has been fixed to be 21 years, under the Indian Majority Act. It is submitted that S.3 of the Indian Majority Act provides that every minor, of whose person or property or both a guardian, other than a guardian for the suit, within the meaning of O.X R.31 CPC has been appointed or declared by the Court of justice before the minor has attained the age of 18 years, be deemed to have attained his majority when he shall have completed the age of 21 years and not before. The intention of the Legislature to be gathered from S.3 of the Indian Majority Act would appear to be extend the minority to 21 years where the minor's person or property was in the hands of the guardian at the age of 18. For enforcing the provisions of Hindu Minority & Guardianship Act, the provisions of the Guardians & Wards Act, 1890 has to be applied, as S.2 of the Act provides that the provisions of the Act shall be in addition to the Guardians & Wards Act, 1890. S.29 of the Guardian & Wards Act provides limitation on powers of guardian of property appointed or declared by the Court. That provision is not applicable to the present case, as S.29 relates to the guardian appointed by will or other instrument or guardian declared by the Court. For getting permission, the petitioner has adopted the procedure in the Guardian & Wards Act. Under the Minority & Guardianship Act, the power of guardian is mentioned. A person can act as guardian in respect of the property of the minor so long as he continues to be a minor. The son of the petitioner on attaining the age of 18 years, is no longer a minor as defined in the Act. Therefore, he is free to deal with the property.