Majority Act (India)
The Majority Act of 1875 (Indian Majority Act, 1875 earlier)[1] states that every person domiciled in India shall attain the age of majority on completion of 18 years and not before. Unless a particular personal law specifies otherwise, every person domiciled in India is deemed to have attained majority upon completion of 18 years of age. However, in the case of a minor for whose person or property, or both, a guardian has been appointed or declared by any court of justice before the age of 18 years, and in case of every minor the superintendence of whose property has been assumed by the Court of Wards, age of majority will be 21 years AND not 18.[2]
The Majority Act, 1875[3]
Act No. 9 OF 1875.
Dated 2 March 1875.
An Act to amend the law respecting the age of majority.
Preamble.
WHEREAS, in the case of persons domiciled in India it is expedient to specify the age of Majority; It is hereby enacted as follows:-
1. Short title. Local extent, commencement and operation. - This Act may be called the Majority Act, 1875. It extends to the whole of India, except the State of Jammu and Kashmir; and it shall come into force and have effect only on the expiration of three months from the passing thereof.
2. Saving. - Nothing herein contained shall affect:-- (a) the capacity of any persons 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. - (1) Every person domiciled in India shall attain the age of majority on his completing the age of eighteen years and not before.
(2) In computing the age of any 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 at the beginning of the eighteenth anniversary of that day.
This Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I and Laccadive, Minicoy and Amindivi Islands by Reg. 8 of 1965, s. 3 and Sch. This Act has been extended to Pondicherry by Act 26 of 1968, subject to the following modification: In section 1 at the end, insert:-- "Provided that nothing contained in this Act shall apply to the Renoncants of the Union territory of Pondicherry.". The Act shall come into force in the State of Sikkim on 1.9.1984 vide Notifn. No. S.O. 652(E), dt. 24.8.84 Gaz. of India, Exty. Pt. II Sec.3(ii). 2. Subs. by Act 3 of 1951, s. 3 and Sch., for "Part A States and Part C States". 3. Subs. by Act 33 of 1999, s. 2 (w.e.f. 16.12.1999). 4. Omitted by s. 3 ibid (w.e.f. 16.12.1999). 5. Subs. by the A.O. 1950, for the original para. 6. Subs. by Act 3 of 1951, s. 3 and Sch., for "except Part B States". 7. Subs. by the A.O. 1950, for "His Majesty's subjects in India". 8. Subs. by Act 33 of 1999, s. 4 (w.e.f. 16.12.1999). 2
Illustrations.
(a) Z is born in India on the first day of January 1850, and has an Indian domicile. A guardian of his person is appointed by a Court of Justice. 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 of 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.