ATTAINING AGE OF MAJOR UNDER A GUARDIAN

A person who is appointed a guardian achieves the status of turning into a major on turning 21 years old. The guardian, can avail the cost incurred in education, daily clothing, transportation, food, and other necessities from the property of the child but not directly from him/her. It is also to be noted that only the costs associated with necessity can be recovered, there child is not needed to compensate for the luxuries provided to him/her. For example, the guardian can avail the cost of a bicycle (to go to school, playground and other places which are otherwise out of walking range and consumes a lot of time) but the guardian cannot avail the cost of a super bike or car because these vehicles can be associated with luxury. Let’s understand this in depth taking into the consideration the following illustration-

• Bruno is the only child of Chris and Selena. Chris is a wealthy man also has a younger brother Drake. Drake, a bachelor who lives separate. All of them reside in Delhi. As

Bruno being the only child (and to avoid tax), Chris registered the property on his name. One day while Bruno was attending school, his parents met with a fatal accident, which proved to be so lethal, that both Chris and Selena died on the spot. To insure the bright future of Bruno, the Delhi High Court gave the custody of Bruno to Drake. Drake accepted the decision and raised Bruno with all his might and never let Bruno feel alone. He also paid Bruno’s school fees, provided him with good food and appropriate clothing. Drake also let Bruno buy a Ducati Monster bike on his 19 th birthday. Now Drake thought of getting married and for that matter, he needed some money in hand. In due course of time, Bruno attained the age of 22 and was now a tension-free hunk, riding his bike round the clock and doing nothing. Bruno was also aware a bit about the guardian-major age rule, but didn’t knew about the recovery mode. Drake tried to bring Bruno on the right track but failed.

When he couldn’t contain any longer, he asked Bruno to pay him the sum he spent on him in all these years. But as expected, Bruno didn’t pay any heed and after some time, the case went to the High Court. The High Court directed Drake to recover the cost he incurred on Bruno in all the past years from Bruno’s parental property, but he was not allowed to retain neither the Ducati monster bike nor it’s market cost, because the super bike does not fall under the purview of necessity.

After looking at the above illustration, one can understand how the attaining majority under a guardian works.

Aishwarya Says:

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