Mahomedan Law--Guardianship--De facto guardian--Powers of alination--Benefit to minor, whether material--Whether transaction can be upheld as family arrangement- Held not valid as the brother is not the natural Guardian to the minor. 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 on behalf of the minor son: Held, 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. Marriage--Co-habitation -presumption of valid marriage. Under Mahomedan law if there was no insurmountable obstacle to a marriage and the man and woman had cohabited with each other continously and for a prolonged period/he presumption of lawful marriage would arise and it would be sufficient to establish a lawful marriage between them. - 2015 S.C. [1952] msklawreports 

Mahomedan  Law--Guardianship--De facto  guardian--Powers of   alination--Benefit to minor, whether  material--Whether transaction  can   be   upheld      as      family arrangement- Held not valid as the brother is not the natural Guardian to the minor.  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 on behalf of the minor son:  Held, 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. 
Marriage--Co-habitation  -presumption of  valid marriage.        Under  Mahomedan  law  if there  was  no  insurmountable obstacle  to a marriage and the man and woman had  cohabited with  each other continously and for a prolonged  period/he presumption  of lawful marriage would arise and it would  be sufficient to establish a lawful marriage between them. - 2015 S.C. [1952] msklawreports

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