( 1 ) KUTUBUDDIN Maner (hereinafter referred to as donor) owned property no. 1629 situate within the municipal limits of Ward No. 7 of Kohlapur town. The donor died on 19. 12. 1972 leaving behind four sons including the plaintiff-appellant and defendant no. 2, two daughters and his wife as his heirs. The donor before his death, executed a registered gift deed dated 3. 6. 1972 in favour of his minor grandson, defendant no. 7. The minor grandson was the son of donors eldest son who is defendant no. 2. Smt. Meher Nigarabi, wife of defendant no. 2, was appointed as a guardian of minor donee and she, on behalf of the minor donee, accepted the gift Subsequently, the plaintiff-appellant who is one of the sons of the donor, filed a suit for Letter of Administration of the estate of donor and also for possession. The gift deed executed by the donor was challenged on the ground that, under the Mohammedan Law, the mother is not competent to act as a guardian of her minor son during the lifetime of minors father or grandfather. The trial court accepted the case of the plaintiff-appellant and decreed the suit. The decree of the trial court was affirmed by the First Appellate Court. However, in