Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Mahomedan Law-Guardianship-De facto guardian-Powers of alienation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Mahomedan Law-Guardianship -De facto guardian-Powers of alienation-Benefit to minor, whether material-Whether transaction can be upheld as family arrangement-marriage--Co-habitation -Presumption of valid marriage. Under Mahomedan law a person who has charge of the person or property of a minor without being his legal guardian, i.e., a de facto guardian, has no power to convey to another any right or interest in immovable property which the transferee can enforce against the minor. The question whether the transaction has resulted in a benefit to the minor is immaterial in such cases.Where disputes arose, relating to succession to the estate of a deceased Mahomedan between his 3 sons, one of whom was a minor, and other relations, and a deed of settlement embodying an agreement in regard to the distribution of the properties belonging to the estate was executed by and between the parties the eldest son acting as guardian for and on behalf of the minor son : l-I eld, that the deed was not binding on the minor son as his brother was not his legal guardian; as the deed was void it cannot be held as valid merely because it embodied a family arrangement ; and the deed was void not only qua the minor, but with regard to all the parties including those who were sui juris.lmambandi v. Mutsaddi [1918] 45 I.A. 73 relied on. Mahomed Keramatullah Miah v. Keramatulla (A.LR. 1919 Cal. 218) and Ameer Hasan v. Md. Ejay Hussain (A.I.R. 1929 Oudh 134) commented uponUnder Mahomedan law if there was no insurmountable obstacle to a marriage and the man and woman had cohabited with each other continuously and for a prolonged period the presumption of lawful marriage would arise and it would be sufficient to establish a lawful marriage between them. |
Judge | Hon'ble Mr. Justice Natwarlal Harilal Bhagwati |
Neutral Citation | 1952 INSC 44 |
Petitioner | Mohd. Amin And Others |
Respondent | Vakil Ahmed And Others |
SCR | [1952] 1 S.C.R. 1133 |
Judgement Date | 1952-10-22 |
Case Number | 51 |
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