Protecting Minors' Property Interests in Muslim Law

Colombo, 2,997 Muslim law-Fideicommissum-Donation to minors-Acceptance by widowed mother-Validity-Applicability of Roman-Dutch law. ... The appeal raises a question of considerable difficulty, namely whether Roman-Dutch law or Muslim law governs, in the matter of acceptance, a gift of immovable property made by a Mahomedan in favour of minors, there being embodied in the deed conveying the property a fideico....

2023 0 Supreme(All) 393

Under Muslim personal law, interests of minor is well protected. Muslim Law distinguishes between the status of a de facto guardian and a legal/de jure guardian. ... (ii) Whether Muslim minors, whose property is sold by a defacto but not de-jure guardian by executing a sale deed on their behalf during their minority, need to get the sale deed cancelled by filing a civil suit on attaining majority or is the sale deed void, non-est in law, and ... Wit....

2023 0 Supreme(All) 335

Under Muslim personal law, interests of minor is well protected. Muslim Law distinguishes between the status of a de facto guardian and a legal/de jure guardian. ... (ii) Whether Muslim minors, whose property is sold by a de-facto but not de-jure guardian by executing a sale deed on their behalf during their minority, need to get the sale deed cancelled by filing a civil suit on attaining majority or is the sale deed void, non-est in law, and ... Wi....

If the petitioner had not given a power to confess judgment but had appeared on summons and consented to judgment she could not apply for the relief on the ground of her minority for she could have raised that defence in the action, the law regarding her as competent to protect her interests ... It is not possible to regard a contract such as this by a married Muslim woman under the age of twenty-one in the same light as a contract by a minor, subject to the common law, made without the assistance of a natural o....

Muslim law-Deed of gift to children-Absolute and irrevocable-Acceptance by major son on behalf of minors-Reservation of right to live on premises and enjoy the rents and produce-Ordinance No, 10 of 1931, s. 3- Retrospective effect. ... In dealing with that issue, however, it has to be decided whether Muslim law or Roman-Dutch law is applicable. ... After consideration of the requirement for a valid gift under Muslim law it was held the donee m....

Where the mother and grandmother of minor children, subject to Muslim law, gifted certain property to the minors, and the mother collected the rents on their behalf,- Held, that the gift was a valid one under Muslim law and that no acceptance was necessary ... Muslim law-Gift by mother and grandmother to minor children-Possession by mother-Right to revoke-Acceptance unnecessary. ... With regard to the validity of gifts to minors#HL....

by the Muslim law. ... It was there held that a deed of gift inter vivos intended to take effect immediately and reserving life-interest was not valid under the Muslim law on the ground that delivery of possession was not given. ... Where a Muslim deed of gift was expressed in the following terms : We the said donors, reserving both of our life-interest to the thus described property shall possess and enjoy the produce thereof till our life-tim....

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. ... There is no cursus curiae of which I am aware which deprives, a Muslim widow of a preferential right to the custody and guardianship of her minor children and to be in charge of their property. ... whether she was the natural guardian fell to b....

The law is similarly set out in Tyabji's Muhammedan Law (3rd edition) page 269, and its origin is apparently traced to certain verses in the Koran which exhort guardians to protect minors " until they attain the age of marriage; then, if ye perceive that they are able to manage their affairs ... In any event I note from the observations of Poyser J. at page 114 of the report that the application of the Roman Dutch Law instead of the Muslim Law was claimed only for cas....

2012 Supreme(Online)(All) 61

The aforesaid provision is to protect the interest of the minor from being vested by the guardian. It is not applicable in cases where the property belongs to HUF. ... In the event the property of HUF involves the interest of the minors, the said minors on attaining maturity are entitle to repudiate the contact. 8. In Sri Narayan Bal & others Vs. ... The Court below in rejecting the application has returned a clear finding that the aforesaid property....

2018 0 Supreme(All) 1436

The idea behind the enactment of proviso to Order 23 Rule 1 (1) and Order 32 Rule 7 C.P.C. is to safeguard the interest of minor, as a minor is not in a position to safeguard his or her interest. The law provides special protection to protect the interest of minors and his property. These provisions are couched in mandatory form and should be interpreted in the like manner keeping in mind the object and purpose of the aforesaid provisions.”

2016 0 Supreme(Del) 2286

In view of Section 91 and 92 of the Indian Evidence Act, the defendant was precluded from leading any evidence contrary to the averments made in the agreement. As regards his plea that minors were also having interest in the property, it was rightly observed that defendant nowhere disclosed either the names of the minors or how much minors were having interest in the property. Under the circumstances, the bald and bare averments made by the defendant was not sufficient to show that minors were having any interest in the suit property. It is also settled principle of law tha....

Current Civil Cases

As regards his plea that minors were also having interest in the property, it was rightly observed that defendant nowhere disclosed either the names of the minors or how much minors were having interest in the property. In view of Section 91 and 92 of the Indian Evidence Act, the defendant was precluded from leading any evidence contrary to the averments made in the agreement. It is also settled principle of law that inadequacy of consideration ipso facto does not make the agreement void. Under the circumstances, the bald and bare averments made by the defendant was not suf....

2006 0 Supreme(All) 1570

The law provides special protection to protect the interest of minors and his property. The idea behind the enactment of proviso to Order XXIII, Rule 1 (1) and Order XXXII, Rule 7, C.P.C. is to safeguard the interest of minor, as a minor is not in a position to safeguard his or her interest. These provisions are couched in mandatory form and should be interpreted in the like manner keeping in mind the object and purpose of the aforesaid provisions.

2006 0 Supreme(All) 1566

The law provides special protection to protect the interest of minors and his property. These provisions are couched in mandatory form and should be interpreted in the like manner keeping in mind the object and purpose of the aforesaid provisions. The idea behind the enactment of proviso to Order 23 Rule 1 (1)and Order 32 Rule 7 C. P. C. is to safeguard the interest of minor, as a minor is not in a position to safeguard his or her interest.