Who Is Not a Legal Guardian of the Property of Muslim Minor

The legal guardian, the property of a minor, has the power to sell or pledge property and objects of the mind for the minor`s imperative needs, such as food, clothing and nursing, and the de facto guardian has similar rights. But the court-appointed guardian has more power. Such a guardian is obliged to handle the property with as much care as the ordinary man of prudence would manipulate it as if it were his own. A mother is the de facto guardian. She cannot perform a waqf in the name of the minor. This execution is null and void because the de facto guardian did not have the right to dispose of the minor`s property unless he had been appointed guardian by the court. [10] This right of Hizanat is lost to the mother if she leads an unethical and dishonorable life. She does not properly supervise the child in custody or after taking custody with his father outside the minor. In the case of Rahima Khatoon v.

Saburjanessa[4], the court concluded that “the mother loses guardianship of the minor daughter if she remarries another person who is not related to the child in prohibited relationships. In the present case, the court issued the certificate of guardianship to the parental grandmother for the persons and property of the minor. A de facto guardian has the same power to sell and pledge the property and objects of the minor in his charge for the imperative necessities of the minor, such as food, clothing or nursing care, as the legal guardian of his property. In Muslim law, the concept of guardianship existed from the beginning. Its source is found in some verses of the Quaran and Ahadis, although little is found on the guardianship of a person. For example, according to Rudd-ul-Mukhtar, the right to guardianship of the minor`s property belongs to the father and, in his absence, to his executor, but if no executor has been appointed, then to the grandfather. After the death of the grandfather, the right reverts to the executor of the grandfather`s will, and if the executor has not been appointed by him, then to the Kazi, who can act as such himself or appoint someone to act on his behalf. (b) the revival of the right of guardianship of a person whose disability has been assisted by another person; Thus, an act of division in which a Mohammedan minor is involved, represented by his mother as de facto guardian, is null and void and non-binding on the minor, whether it is beneficial to him or if the agreement has been followed for a long time. The same applies to the minor`s brother, uncle and relatives. A minor is a person who has not yet reached the age of majority and who has no legal right to anything and who is considered incapable of making a legal decision and who is in the custody of a person known as a parent or guardian.

A bastard does not legally belong to any of his parents and is filius nullius in the true sense of the word, but in order to ensure his adequate food and support, he should, until he reaches the age of 7 and is responsible for the mother. After that, he can make his own decision for the parents he or she wants to stay with, or he or she can live completely separate from them. The court appoints a guardian if it is satisfied that an order appointing a guardian is necessary for the well-being of the minor. Section 15(1) of the Guardians and Wards Act 1890 allows for the provision of the common guardian, so that in the event of the death of one of them, the other person must continue to act as guardian of the minor. If no maternal and paternal relationship is to be established above, it is for the court to appoint the guardian of the person of the minor. However, it cannot be ignored that personal laws are based on customs and must be taken into account. In view of the above, the Bombay High Court made it clear in Smt. Farzanabai v. Ayub Dadamiya[22] that the personal rights and beliefs of the parties must be taken into account by the decision-making bodies when hearing a guardianship issue. If a minor tries to question the legality and binding nature of the sale by the de facto guardian, he is always free to avoid the nullity of the contract.

But if it is not contested, it is not open to third parties to contest the alienation. www.studocu.com/pt/document/savitribai-phule-pune-university/ba-llb/apontamentos/guardianship-under-muslim-la/4008307/view In the case of an illegitimate child, the mother has guardianship until the end of the 7th birthday. the year of the child`s life, although the child is not legally entitled to it by both parents. Even the common law claims that “an illegitimate child does not legally belong to any of his parents and is literally filius nullius (son of no one), but in order to ensure his adequate food and support, he should be held responsible for the mother until he reaches the age of 7. After that, he can make his own choice as to which of the parents he will live with, or he can live completely separate from them. [3] In the Hanafite school, guardianship or custody is held by the following persons in the absence of the mother – a person who is neither a legal guardian nor a court-appointed guardian, but who has voluntarily made himself responsible for the body and property of the minor. In amar Ahmad Khan v. Shamim Ahmad Khan,[15] the Jharkhand Supreme Court ruled that after the death of a Muslim, his property is immediately transferred separately to his heirs, up to the amount to which they are entitled under personal law. Thus, immediately after his death, each of his heirs becomes the absolute owner of a property proportional to his share.

Therefore, under Islamic law, there is no concept of co-ownership of the property of a deceased Muslim. The Qur`an expressly provides for the appointment of a testamentary guardian. The father`s father and father are knowledgeable persons who can be appointed by will as guardians of the property of their minor sons or grandchildren. According to Shia law, the testamentary guardian or executor must be tall, reasonable, a teacher of Islam and good character. (i) The court does not have the option of appointing a guardian of property under the Guardians and Wards Act. , section 20 of the Act deals with the guardian`s duty to protect the property of wards and to treat it with care and fairness. Articles 24, 25 and 26 of the Act entrust custody of the minor to the person designated by the court as guardian. The duty of the guardian is to protect the health and education of the minor. Article 27 specifies the duties and restrictions concerning the functions of the guardian. In accordance with article 31 of the Act, the process for obtaining permission for the transfer of the minor`s property by the guardian is established. Article 41 deals with the conditions under which the testamentary guardian or the guardian appointed by the court is dismissed as a death, the majority of minors. Section 19 of the Act deals with cases where a guardian cannot be appointed.

It stipulates that, in the event that the management of a minor`s property has been accepted by a court under a competent local law: (10) cessation or omission under the law to which the minor is subject. According to Muslim law, if the marriage for the minor is concluded by the father or father of the father, the minor has no possibility of reaching puberty, unless the contract is to the obvious detriment of the minor or was concluded fraudulently or negligently. A person who has legal responsibility for the care and management of a person who is unable to manage their own affairs due to their age (very young or even very old or another physical, mental or emotional impairment). In the case of a minor child, the guardian is legally responsible for the custody and administration of the child and the estate of the minor child. The term “guardian” is defined in the Guardians and Wards Act as “a person who has custody of a minor or his property or both his person and his property”2. The Hon. Supreme Court of Punjab relied on the Muchoo case in Gul Mohammad v. Mst Wazir[7], in a case where the father had converted from Mohammedism to Christianity, but he was the only living parent of an 8-year-old boy and a 4-year-old girl and the grandmother of children was fighting for the guardianship of the 2 minors and their property. However, none of these cases is a direct authority on the above issue, i.e. guardianship in marriage.

(i) the marriage of the minor, in the case of a woman with a person who is not incapable of being the guardian of his person; The rule of Muslim law is that if a distant guardian allows a boy or girl to marry when the closest is present, the validity of the marriage depends on the ratification and consent of the latter. [4] This rule provides for a case where the boy or girl is given to marriage by a person who, in order of priority, comes immediately after the right guardian at that time […].