THE INDIAN MAJORITY ACT, 1875
(No. 9 of 1875)
[2nd March,
1875]
1. Short title.
2. Savings.
3. Age of majority of persons domiciled in India.
4. Age of majority how computed.
THE INDIAN MAJORITY ACT, 1875
(No. 9 of 1875)
[2nd March, 1875]
An Act to amend the law respecting the age of
majority:
Whereas, in the case of persons
domiciled in India it is expedient to prolong the period of nonage, and to
attain more uniformity and certainly respecting the age of majority than now
exists; It is hereby enacted as follows:-
1. Short title. -This Act may be called the Indian Majority Act, 1875.
Local extent. -It extends to the whole of
India l[except the State of
Jammu and Kashmir];
Commencement and operation.-and
it shall come into force and have effect only on the expiration of three months
from the passing thereof.
1. Subs.
by Act No. 3 of 1951, for “except Part B States”.
2. Savings. -Nothing
herein contained shall affect-
(a) The capacity of any person to act in the following
matters (namely), marriage, dower, divorce and adoption;
(b) The
religion or religious rites and usages of any class of citizens of India; or
(c) The
capacity of any person who before this Act comes into force has attained
majority under the law applicable to him.
3. Age of majority
of persons domiciled in India. -Subject
as aforesaid, every minor of whose
person or property, or both, a guardian, other than a guardian for a suit within the meaning of 1[Chapter
XXXI of the Code of Civil Procedure], has been or shall be appointed or
declared by any Court as Justice before the minor has attained the age of
eighteen years, and every minor of whose property the superintendence has been
or shall be assumed by any Court of Wards before the minor has attained that
age shall, notwithstanding anything contained in the Indian Succession Act or
in any other enactment, be deemed to have attained his majority when he shall
have completed his age of twenty-one years and not before.
Subject
as aforesaid every other person domiciled in India shall be deemed to have
attained his majority when he shall have completed his age of eighteen years
and not before.
1. Now
see relevant provision in Code of
Civil Procedure 1908.
4. Age of majority
how computed. -In computing the a e of ally
person, the day on which he was born is to be included as a whole day, and he
shall be deemed to have attained majority, if he fails within the first
paragraph of Section 3, at the beginning of the twenty-first anniversary of
that day, and if he falls within the second paragraph of Section 3, at the
beginning of the eighteenth anniversary of that day.
Illustrations
(a) Z
is born in India on tire first day of January 1850, and has an Indian
domicile. A Court of Justice appoints a
guardian of his property Z attains majority at the first moment of the first
day of January 1871.
(b) Z is born in India on the twenty-ninth
day of February 1852, and has an Indian domicile. A guardian of his property is appointed by a Court of Justice. Z attains majority at the first moment of
the twenty-eighth day of February 1873.
(c) Z
is born on the first day of January 1850.
He acquires a domicile in India.
No guardian is appointed of his person or property by any Court of
Justice, nor is he under the jurisdiction of any Court of Wards. Z attains majority at the first moment of
the first day of January 1868.