Friday 25 September 2015

MINOR


Minor is a person who has not completed the age of eighteen years. So a minor attains majority on completion of eighteen years of age and not just on reaching the eighteenth year of age.

Previously, the minors for whom guardians were appointed by the Court attained majority after the completion of twenty one years of age.  This has been amended and all minors attain majority on completion of eighteen years of age.

Can Hindu Women appoint a guardian to her minor child?
The father and mother are the natural guardians of the minor child. The mother succeeds as a natural guardian of the minor child on demise of the father. The mother is entitled to appoint a guardian to look after the properties and also welfare of her minor child by means of a Will, which becomes operative after her death. But, she cannot appoint a guardian for the joint family properties where the minor child has undivided interest.

A Hindu mother who is entitled to act as a natural guardian of her minor illegitimate child may also appoint a guardian through means of a will to look after the property and the welfare of her minor illegitimate child.

Can a guardian be appointed to the minors undivided interest in joint family property?
The Karta is head of the Hindu joint family who is empowered to manage the property.  In such cases no guardian shall be appointed. The Karta takes care of the person and the property of the minor who is the co-parcener.  However the competent court may appoint a guardian for undivided share of the minor in the joint family property also.

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