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Muslim moms not being the rightful guardians cannot sell sons’ properties: Bombay High Court

Team SoOLEGAL 20 Mar 2020 4:24pm

Muslim moms not being the rightful guardians cannot sell sons’ properties: Bombay High Court

In a recent ruling, the Bombay High Court stated that a Muslim mother cannot alienate her son's property unless it is 'certified' that she is the legal guardian under Mahomedan law.

The court has held that a mother will not be a' natural' guardian in accordance with the principles of Mulla, and therefore cannot sell or establish any third party interests in the property of a son.

A single-judge bench comprising of Justice Bharati Dangre delivered the significant decision, upholding Kolhapur court's order, enabling a son to claim a share of his estate, which his mother sold. The question here was whether a Muslim mother not a being the right executor can sell the property which belongs to her son.

According to claims made by the son, his father purchased the property in question in 1966. When he was a minor, his father listed the name of his mother as a guardian to care for the property as the son reaches majority. The father, however, did not make the mother a 'property executor’, the son argued. The son challenged the legality of the sale in the properties and further sought his share from the same.

The single bench noted that, “As per the Mulla Principles of Mahomedan Law (21st Edition), the mother is not a de jure (rightful) guardian and, therefore has no right to sell the interest of her minor children in immovable property. Such a transaction is not merely voidable but void”.

It was further stated by the court that in case of mere mentioning of the mother as a guardian while purchasing the property for the benefit of the minor, wouldn’t confer her as a legal guardian for the same.

"It is only if, under Mahomedan law, the mother is the executrix or a licensed guardian that the powers of the (rightful) guardian are bestowed upon her. Within the absence of this, her activity on behalf of the minors is void, "ruled Justice Dangre.



Tagged: Muslim moms   Bombay High Court   Mahomedan law   Justice Bharati Dangre   Justice Dangre  
Did you find this write up useful? YES 0 NO 0
Khaleel ahamed   23 Mar 2020 7:21pm
A very useful legal informative as you render to muslim lawyer
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Khaleel ahamed   23 Mar 2020 7:20pm
A very useful legal informative as you render to muslim lawyer
Reply
Khaleel ahamed   23 Mar 2020 7:20pm
A very useful legal informative as you render to muslim lawyer
Reply
Khaleel ahamed   23 Mar 2020 7:20pm
A very useful legal informative as you render to muslim lawyer
Reply
Khaleel ahamed   23 Mar 2020 7:19pm
A very useful legal informative as you render to muslim lawyer
Reply
Khaleel ahamed   23 Mar 2020 7:19pm
A very useful legal informative as you render to muslim lawyer
Reply
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