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PETITIONER: MOHD. AMIN AND OTHERS
Vs.
RESPONDENT: VAKIL AHMED AND OTHERS.
DATE OF JUDGMENT: 22/10/1952
BENCH: BHAGWATI, NATWARLAL H. BENCH: BHAGWATI, NATWARLAL H. MAHAJAN, MEHR CHAND AIYAR, N. CHANDRASEKHARA
CITATION: 1952 AIR 358 1952 SCR 1133 CITATOR INFO : E&D 1965 SC1812 (17) E 1967 SC 155 (8) F 1971 SC2184 (9) R 1972 SC1279 (12)
ACT: Mahomedan Law--Guardianship--De facto guardian--Powers of alination--Benefit to minor, whether material--Whether transaction can be upheld as family arrangement--Marriage--Co-habitation -presumption of valid marriage.
HEADNOTE: 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 immoveable 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 settle- ment 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...