1. FAHIM AHMED SIDDIQUI, J.--Urgency granted
2. The applicant was a minor at the time of filing of the instant petition. The petitioner and respondent No, 1 (uncle and mother of the applicant/minor) sold out the properties of the minors Muhammad Abrar, Asif Gabol and Ms. Kiran Asif as per the order dated 22-02-2010 passed in the instant petition and the shares of minors were deposited through Pay Order No,DDH 1087669 amounting to Rs,77,89,495/- and Pay Order No, DDH 1087670 amounting to Rs,8,73,588/- with the Nazir of this Court, which was directed to be invested in a government profit bearing scheme. Now the applicant has attained the age of majority as such he is seeking the release/withdraw of his share. Learned counsel for the applicant points out that the applicant has now attained the age of about 19 years and CNIC is issued in his name; therefore, his share is to be released to him. In response to a query he submits that the petitioner was appointed as guardian of person and property of the applicant from the concerned Family Court. I have heard the learned counsel and have gone through the record. It is mentioned in the 'memo of petition' that the petitioner was appointed and declared guardian of the person and property of minors (nephews of the petitioners including present applicant) by the learned Family Judge-VIII, Karachi West vide order dated 13-08-2009. It is worth mentioning that the age of majority in the instant case shall he calculated as per provisions of the Majority Act, 1875. I would like to reproduce Section 3 of the said Act as under:- "3. Age of majority of persons domiciled in Pakistan.-Subject as aforesaid, every minor of whose person or property, or both a guardian, other than a guardian for a suit within the meaning of Order XXXII of the First Schedule of the Code of Civil Procedure, 1908 (V of 1908) has been or shall be appointed or declared by any Court of Justice before the minor has attained the age of eighteen years, 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 Succession Act, 1925 (XXXIX of 1925) or in any other enactment be deemed to have attained majority when he shall have completed his age of twenty one years and not before." From the above provision of law, it is clear that in the present case, the age of majority is 21 years.
If the petitioner was not appointed as guardian of the applicant's person and property, then he may claim his age of majority as 18 years but as the petitioner is appointed as guardian of the applicant and the applicant has yet not attained the age of 21 years; therefore, he has to wait for attaining the legal majority age i,e, 21 years in the instant matter. In this respect, reliance may be taken from Mst. Sat Bhari v. Noor Illahi (PLD 1951 Lahore 408) and Muhammad Din and 3 others v.
Safdar Ali (2001 YLR 1419).
In view of the above discussion, the instant application is dismissed.