Report No. 68

Modification needed

5.4. As regards Hindus and Muslims, the provision is, in relation to proprietary transactions, an exception to the rule that a minor cannot execute instruments affecting property. As regards others governed by the Married Women's Property Act, 1874 (3 of 1874), the provision extends the principle underlying that Act even to minors.

We recommend that this part the section i.e. the words, "whether a minor or not", should be deleted, as it assumes that a minor can marry. It is under the Child Marriage Restraint Act, 1929, as amended, t.he minimum age for the marriage of girls is 18 years. The marriage or minor girl is prohibited after this amendment. Retention {..if the present provision in the Powers of Attorney Act create a wrong impression about the legal position as to the minimum age of marriage.

5.5. In England, the corresponding provision-section 129, Law of Property Act, 1925-was replaced in 1971 as "unnecessary"1 However, in India, at least until comprehensive legislation as to married women is enacted the section may serve a useful purpose, and may be retained with the above Modification.

1. The Power-of-Attorney Act, 1971, section 8.