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May 2024

Minor’s Dealings – Major Implications

By Dr Anup P Shah, Chartered Accountant
Reading Time 16 mins

INTRODUCTION

Readers may be aware that the minimum age to vote (under the Constitution of India); for driving (under the Motor Vehicle Act, 1988); for women to get married (under the Prohibition of Child Marriage Act, 2006) is 18 years, etc. Thus, the law places several restrictions on what a minor can and cannot do. However, can a minor enter into contracts, either directly or through his guardian? Can a minor own property / asset? Several such issues crop when dealing with minors. Let us examine some of these questions which could have major ramifications.

MEANING OF A MINOR

The Majority Act, 1875 states that every person domiciled in India shall attain the age of majority on his completing the age of 18 years. 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 18th anniversary of that day.Thus,any person below the age of 18 years is a minor.

In addition, the Hindu Minority and Guardianship Act, 1956 lays down the law re

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Part A : Company Law