291/2012 Civil Revision Faisal S/O Syed Zameerul Hussain (Applicant) V/S Mst. Khursheed Akhtar & Others (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar
Order Date: 29-AUG-14
(a) Islamic Law--- ----Guardianship of minors property---Sale of property of minor by the mother without permission of court---Effect---"De facto guardian"-- Scope---Mother of minor was not the natural guardian to deal with the property of her minor children---Mother could be de facto guardian of person and property of a minor but she had no power to transfer the property of minors---Alienation of immovable property of minor was possible only by the person entitled to be appointed as legal guardian of property after obtaining permission of the court---Duty of appointing a guardian for the protection and preservation of minor's property would fall on the Judge as representing the State---Person neither a legal guardian nor a guardian appointed by the court but had voluntarily placed himself incharge of the person and property of a minor, would be called "de facto guardian"---"De facto guardian" was merely a custodian of the person and property of the minor but he had no power to transfer any right or interest in the immovable property of minor-- Mother, in the present case, had alienated the property of her minors children and vendees were aware of the fact that they were purchasing the property of minors---Impugned agreement of sale between the mother of minors and vendees was void agreement which could not be enforced---Minors were entitled to their respective share in the suit property as legal heirs of the deceased---Impugned judgments and decrees passed by the Appellate Court were perverse and contrary to law and evidence available on record which were set aside and those of Trial Court were restored---Second appeal was accepted in circumstances. Muhammadan Law, S.361 and Muhammad Hanif v. Abdul Samad and others PLD 2009 SC 751 rel. (b) Words and phrases--- ----"De facto guardian"---Meaning---Person who was neither a legal guardian nor a guardian appointed by the court but had voluntarily placed himself incharge of the person and property of a minor, would be called "de facto guardian".Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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