Legal Shorts

Legal Shorts; SC: Mohammedan Law – Minor represented by his brother as de facto guardian, Family Settlement Deed can’t be enforced against minor.

 

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_Deed held void – Transfer of Property Act, 1882, Ss. 7 and 8._
_Under the Mohammedan Law a person who has charge of the person or property of a minor without being his legal guardian, and who may, therefore, be conveniently called 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 infant._
Therefore a deed of family settlement to which a minor is a party represented by his brother as de facto guardian is void.

Case:
Mohd. Amin Vs. Vakil Ahmad.

Citation:
AIR 1952 SC 358.

Bench Strength – 3.
Coram: M.C. Mahajan, N. Chandrasekhara Aiyar and N.H. Bhagwati, JJ.
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Shared by:
ADV. MAHESH VASWANI,
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