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Section 22: Settlement of minor's property in contemplation of marriage

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 21 All 391 Sections of Indian Succession Act Section 23

Legal Commentary & Landmark Judgments: Section 22

Section 22 validates marriage settlements of property made by minors in contemplation of marriage, provided the settlement is executed with the consent of the father or guardian.

  • Minor's Marriage Settlement: Enables a minor to make a legally binding settlement of property in contemplation of marriage, creating an exception to the general contractual disability of minors.
  • Mandatory Guardian Consent: The settlement must be made with the written consent of the minor's father or, if he is dead or incapable, with the consent of the lawful guardian.
  • Court Approval Safeguards: Where guardian consent is contested or absent, approval of the High Court or District Judge is required to validate the settlement.
Key Landmark Precedents:
  • Mohori Bibee v. Dharmodas Ghose (1903) 30 IA 114: While establishing the absolute voidness of minor contracts generally, the Privy Council recognized that statutory exceptions like Section 22 provide specialized protective validity for marriage settlements.
  • G. Annamalai Pillai v. District Revenue Officer (1993) 2 SCC 402: Affirmed that transactions executed by or on behalf of minors must strictly conform to statutory guardian approvals to withstand legal challenge.
Courtroom Practice & Strategic Litigation Guidance:

To defend a historical marriage settlement executed during minority against subsequent challenge by relatives, counsel must produce the registered instrument evidencing the contemporaneous written endorsement and signature of the lawful guardian.

Section 21 All 391 Sections of Indian Succession Act Section 23