Both Acts inconsistent with each other.

ORDER :- In my opinion, this petition cannot be ordered. The petitioner is the only son of V. Nadimuthu Pillai, who died on 26th October 1954. The petitioners date of birth is stated to be 25th June 1944 and he is said to have completed 18 years of age as on 25th June 1962. On O. P. Nos. 323 and 35 of 1955, on the file of the Court of the Subordinate Judge, Tanjore, the first respondent was appointed as his personal guardian. But on appeal this Court in C. M. A. No. 14 etc., of 1956, by a consent order, appointed the first two respondents as joint personal guardians of the petitioner. It appears further from the affidavit filed in support of this petition that the petitioner has been residing in the family house at Tanjore with his grandmother and is now studying in the B. A. class in the Rajah Serfoji College, Tanjore. He says that he took charge of his estate on 16th September 1962 from the third respondent, who was appointed as executor by his father in his will dated 9th September 1952, which was duly probated in O. P. No. 31 of 1957 on the file of this Court.

Since he took over the estate, the petitioner, according to him, has appointed the third respondent as his general power of attorney agent to manage his properties within the State of Madras. He has now applied to this Court for discharging the first and second respondents from joint personal guardianship on the ground that the provision in the Indian Majority Act, 1875, regarding minority is superseded by the specific provision in S. 5(b) of the Hindu Minority and Guardianship Act, 1956, and that notwithstanding the fact that the Court guardians of his person were appointed, he has on his completion of 18 years of age become a major. If the petitioner has become a major, he is certainly entitled to the relief he asks for under S. 41(1)(c) of the Guardians and Wards Act.

2. The question, therefore, is whether the petitioner has become a major. In order to decide this question it will be necessary to notice the relevant statutory provisions. The Indian Majority Act, 1875 by Section 3 provides that every person domiciled in part A States shall be deemed to have attained his majority when he shall have completed his age of 21 years and not before. But this is subject to the main part of the Section which is to the effect that a minor, of whose person a guardian has been appointed by a Court shall, notwithstanding anything contained in the Indian Succession Act, 1865, or in any other enactment, be deemed to have attained his majority when he shall have completed his age of 21 years and not before. Under this provision, therefore, the petitioner can claim to be a major only when he completes his age of 21 years. It has also to be noted that the first part of Section 3 will operate notwithstanding anything contained in the Indian Succession Act or in any other enactment.

Section 4 of the Guardians and Wards Act defines a minor to mean a person who under the provisions of the Indian Majority Act, 1875 is to be deemed not to have attained his majority. This Section does not, therefore, take the matter further than the Indian Majority Act itself. S. 6 of the Guardians and Wards Act saves the operation of the personal law of a Hindu minor and that means the Guardian and Wards Act does not affect the power under his personal law to appoint a guardian of his person or property, as for instance by a will or other means. The Courts power to appoint a guardian for the person of a minor is contained in Section 7 of this Act. Section 41(1)(c) provides that the powers of a guardian of a minor shall cease by the ward ceasing to be a minor. The Hindu Minority and Guardianship Act 1956, came into force in August 1956 which has application to a Hindu. This Act also contains vide Section 4(1) a definition of a minor, namely, that he is a person who has not completed the age of 18 years. Then comes Section 5, which provides for the overriding effect of the Act. The Section reads :

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