Idroos Sathuk V. Sittie Leyaudeen.Et Al.,

1950   Present : Dias S. P. J. and Pulle J.

IDROOS SATHUK, Appellant, and SITTIE LEYAUDEEN, et al., Respondents

S. C. 374-D. C. Colombo, 2,997

Muslim Law-Fidicommisswn created by deed-Donation to minors-Capacity of mother to accept gift-Applicability of Roman-Dutch law-Muslim widow in Ceylon-Natural guardian of her minor children.

(i) Where a fidicommissum is created by a deed of gift between Muslims a Muslim widow is entitled, as natural guardian, to accept the gift for and on behalf of her minor children, when they are the donees. In such a case, the validity of the acceptance has to be determined solely within the framework of the Roman-Dutch Law.

(ii) The principles of Muslim Law which do not recognise a widow as the natural guardian of her minor children are not applicable to Muslims in Ceylon. A Muslim widow is therefore entitled in Ceylon to accept a gift on behalf of her minor children.

APPEAL from a judgment of the District Court, Colombo.

By deed of gift P1 one Saffra Umma created a fidicommissum in favour of the children of the donees. The donees were the minor childre

Click Here to Read the rest of this document