Majority Act, 1875

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Page 
1
 
of 
3
 
 
 
 
 
 
 
 
THE MAJORITY ACT, 1875
 
 
 
 
CONTENTS
 
 
P
reamble
 
 
1.
 
Short title
 
      
Local extent
 
      
Commencement and operation
 
 
2. 
 
Savings
 
 
3. 
 
Age of majority of persons domiciled in Pakistan
 
 
4. 
 
Age of majority how computed
 
 
 

 
Page 
2
 
of 
3
 
 
THE
 
MAJORITY
 
ACT,
 
1875
 
 
1
A
CT
 
No.
 
I
X
 
OF
 
1875
 
 
[
2nd
 
March
,
 
1875]
 
 
An
 
Act
 
to
 
amend
 
the
 
Law
 
respecting
 
the
 
age
 
of
 
majority
 
 
 
Preamble.
 
WHEREAS,
 
in
 
the
 
case
 
of
 
person
 
domiciled
 
in
 
2
[Pakistan],
 
it
 
is
 
expedient
 
to
 
prolong
 
the
 
period
 
of
 
nonage,
 
and
 
to
 
attain
 
more
 
uniformity
 
and
 
certainty
 
respectin
g
 
the
 
age
 
of
 
majority
 
than
 
now,
 
exists;
 
It
 
is
 
hereby
 
enacted
 
as
 
follows:
—
 
 
 
1.
 
Short
 
title.
—
This
 
Act
 
may
 
be
 
called
 
the
 
3
*
 
Majority
 
Act,
 
1875.
 
 
 
Local
 
extent.
 
4
[It
 
extends
 
to
 
the
 
whole
 
of
 
Pakistan;
 
 
 
Commencement
 
and
 
operation.
 
and
 
it
 
shall
 
come
 
into
 
force
 
and
 
have
 
effect
 
only
 
on
 
the
 
expira
tion
 
of
 
three
 
months
 
from
 
the
 
passing
 
thereof.
 
 
 
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 
5
[citizens of] 
6
[Pakistan]; or
 
 
7
* * * * * * *
 
 
3. Age of majority of persons domiciled in Pakistan. 
Subject as aforesaid, 
8
[every minor of 
whose person or property or both a guardian, other than a
 
guardian for a suit within the meaning of 
9
[Order XXXII of the First Schedule to the Code of Civil Procedure, 1908 (Act V of 1908)], has been 
or shall be appointed or declared by any Court of Justice before the minor has attai
ned the age of 
eighteen year
s, 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 
10
[Succession Act, 1925 (XXXIX of 1925)] or in any other e
nactment, be deemed 
to have attained his majority
 
when he shall have completed his age of twenty
-
one years and not 
before.
 
 
1
For
 
the
 
Statement
 
of
 
Objects
 
and
 
Reasons,
 
see
 
Gazette
 
of
 
India.
 
1874.
 
Pt.
 
V,
 
p.
 
153;
 
for
 
Proceedings
 
in
 
Council,
 
see
 
ibid.,
 
Supplem
ent,
 
p.
 
668,
 
and
 
Extra
 
Supplement,
 
dated
 
12th
 
May,
 
1874,
 
p.4,
 
and
 
ibid.,
 
1875,
 
Supplement.
 
p.333.
 
It
 
has
 
been
 
applied
 
to
 
Phulera
 
in
 
the
 
Excluded
 
Area
 
of
 
Upper
 
Tanawal
 
to
 
the
 
extent
 
the
 
Act
 
is
 
applicable
 
in
 
the
 
N.W.F.P.,
 
subject
 
to
 
certain
 
modifications,
 
se
e
 
N.W.F.P.
 
(Upper
 
Tanawal)
 
(Excluded
 
Area)
 
Laws
 
Regulation,
 
1950.
 
It
 
has
 
been
 
extended
 
to
 
the
 
Excluded
 
Area
 
of
 
Upper
 
Tanawal
 
other
 
than
 
(N.W.F.P.)
 
Phulera
 
by
 
the
 
N.W.F.P.
 
(Upper
 
Tanawal)
 
(Excluded
 
Area)
 
Laws
 
Regulation,
 
1950
 
and
 
declared
 
to
 
be
 
in
 
force
 
in
 
that
 
area
 
with
 
effect
 
from
 
1st
 
June,
 
1951,
 
see
 
N.W.F.P.
 
Gazette,
 
Extraordinary,
 
 
dated
 
1st
 
June.
 
1951.
 
This
 
Act
 
has
 
been
 
declared
 
to
 
be
 
in
 
force
 
in
 
Balochistan,
 
by
 
the
 
British
 
Balochistan
 
Laws
 
Regulation,
 
1913
 
(2
 
of
 
1913).
 
It
 
has
 
been
 
extended
 
to
 
the
 
Lease
d
 
Areas
 
of
 
Balochistan.
 
see
 
the
 
Leased
 
Areas
 
(Laws)
 
Order,
 
1950
 
(G.G.O.
 
3
 
of
 
1950);
 
and
 
also
 
applied
 
in
 
the
 
Federated
 
Areas
 
of
 
Balochistan
 
see
 
Gazette
 
of
 
India,
 
1937,
 
Pt.
 
I,
 
p.
 
1499.
 
2
Subs.
 
by
 
the
 
Central
 
Laws
 
(Statute
 
Reform)
 
Ordinance,
 
1960
 
(21
 
of
 
1960),
 
s.
 
3
 
and
 
2nd
 
sch.,
 
(
with
 
effect
 
from
 
the
 
14th
 
October,
 
1955
),
 
for
 
“the
 
Provinces
 
and
 
the
 
Capital
 
of
 
the
 
Federation”
 
which
 
had
 
been
 
subs.
 
by
 
A.O.,
 
1949,
 
Arts.
 
3(2)
 
and
 
4,
 
for
 
“British
 
India”.
 
3
The
 
word
 
“Indian”
 
omitted
 
by
 
A.O.,
 
1949,
 
Sch.
 
4
Tbe
 
original
 
par
a.
 
as
 
amended
 
by
 
A.O.
 
1937,
 
A.O.,
 
1949.
 
Arts.
 
3(2)
 
and
 
4,
 
and
 
the
 
Federal
 
Laws
 
(Revision
 
and
 
Declaration)
 
Act,
 
1951
 
(26
 
of
 
1951),
 
s.
 
4
 
and
 
III
 
Sch.,
 
has
 
been
 
subs.
 
by
 
Ord.
 
21
 
of
 
1960.
 
s.
 
3
 
and
 
2nd
 
Sch.
 
(
with
 
effect
 
from
 
the
 
14th
 
October.
 
1951
)
 
to
 
read
 
as
 
a
bove.
 
5
Subs by A.O., 1961, Art. 2 and 
Sch:
 
for “Her Majesty’s subject 
in”
 
(
with effect from the 23rd March. 1956
).
 
6
Subs by A.O., 1949, Sch., for “India”.
 
7
C1ause (c) omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3
 
and II
nd
 
Sch.
 
8
Subs by the Guardians and Wards Act,1890 (8 of 1890), s. 52, for “every minor of whose person or property a guardian has been
 
or shall be appointed 
by any Court of Justice, and every minor under the jurisdiction of any Court of Wards”.
 
9
Sub
s. by Ord. 27 of 1981, s.3 and 2nd Sch., for “Chapter XXXI of the Code of Civil Procedure”.
 
10
Subs. 
ibid. 
for “Indian Succession Act (No. X of 1865)”.
 
 
 
 
 
Page 
3
 
of 
3
 
 
 
 
Subject
 
as
 
aforesaid,
 
every
 
other
 
person
 
domiciled
 
1
[Pakistan]
 
shall
 
be
 
deemed
 
to
 
have
 
attained
 
his
 
majority
 
when
 
he
 
shall
 
have
 
completed
 
his
 
age
 
of
 
eighteen
 
years
 
and
 
not
 
before.
 
 
 
4.
 
Age
 
of
 
majority
 
how
 
computed.
 
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
 
ma
jority,
 
if
 
he
 
falls
 
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
 
2
[Pakistan]
 
on
 
the
 
first
 
day
 
of
 
January
 
3
[1949],
 
and
 
has
 
a
 
4
[Pakistan]
 
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
 
5
[1970].
 
 
(
b
)
 
 
Z is born in
 
6
[Pakistan] on the twenty
-
ninth day of February 
7
[1948] and has a 
8
[Pakistan] 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 
9
[1969].
 
 
 
(
c
)
 
 
Z is born on
 
the first day of January 
10
[
1948
]
. 
He acquires a domicile in 
6
[Pakistan]. No guardian is appointed of his person or property by any Court 
of Justice, nor is he under the Jurisdiction or any Court of 
W
ard
s
. Z attains 
majority at the first moment of the fir
st day of January 
11
[1966].
 
 
 
 
__________
 
 
 
 
 
 
 
 
 
 
 
Date: 16
-
09
-
2024
 
1
Subs.
 
by
 
the
 
Central
 
Laws
 
(Statute
 
Reform)
 
Ordinance,
 
1960
 
(21
 
of
 
1960),
 
s.
 
3
 
and
 
2nd
 
Sch.
 
(with
 
effect
 
from
 
the
 
14th
 
October,
 
1955),
 
for
 
“the
 
Provinces
 
and
 
the
 
Capital
 
of
 
the
 
Federation
”,
 
which
 
had
 
been
 
subs
.
 
by
 
A.O
.
 
1949.
 
Arts
 
3(2)
 
and
 
4
 
for
 
“British
 
India”.
 
2
Subs.
 
by
 
Ord.
 
27
 
of
 
1981
 
s.
 
3
 
and
 
2nd
 
Sch.
,
 
for
 
“the
 
provinces
”
 
which
 
was
 
subs.
 
by
 
A.O.
 
1949,
 
Sch.,
 
for
 
“British
 
India”.
 
3
Subs.
 
by
 
the
 
Federal
 
Laws
 
(Revision
 
and
 
Declaration)
 
Act.
 
1951
 
(26
 
of
 
1951),
 
s.
 
4
 
and
 
III
 
Sch.
,
 
for
 
“1850”.
 
4
Subs.
 
ibid.,
 
for
 
“British
 
Indian”.
 
5
Subs.
 
i
bid., for
”1871”.
 
6
Subs.
 
by
 
the
 
Federal
 
L
a
ws
 
(Revision
 
an
d
 
Declaration)
 
Ordinance,
 
1981
 
(27
 
of
 
1981),
 
s.
 
3
 
and
 
IInd
 
Sch.,
 
for
 
“the
 
Provinces”
 
which
 
was
 
subs.
 
by
 
A.
 
O.,
 
1949,
 
Sch.,
 
for
 
“British
 
India”.
 
7
Subs.
 
by
 
the
 
Federal
 
Laws
 
(Revision
 
and
 
Declaration)
 
Act,
 
1951
 
(26
 
of
 
1951),
 
s.
 
4
 
and
 
III
 
Sch.,
 
for
 
“1852)”.
 
8
Subs.
 
ibid.,
 
for
 
“British
 
India”.
 
9
Subs.
 
ibid.,
 
for
 
“1873”.
 
10
Subs.
 
ibid.,
 
for
 
“1850”.
 
11
Subs.
 
ibid.,
 
for
 
“
1868”.