https://www.taxtmi.com/caselaws?id=292035 Before the Muslim Personal Law (Shariat) Application Act, 1937, a custom displacing Mahomedan rules on guardianship had to be clearly pleaded and proved as definite, uniform and invariable; no such custom was established here, so the mother was not shown to be a lawful guardian for the minor. Under Mahomedan law, a de facto guardian cannot transfer a minor's immovable property, and adult heirs cannot bind a minor heir's separate share by treating inherited property as subject to a general act of administration. The sale was therefore ineffective against the minor's share, subject only to restitution of the minor's proportionate benefit. en-us Mon, 23 Dec 1957 00:00:00 +0530 Fri, 04 Dec 2020 17:41:34 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=292035 Before the Muslim Personal Law (Shariat) Application Act, 1937, a custom displacing Mahomedan rules on guardianship had to be clearly pleaded and proved as definite, uniform and invariable; no such custom was established here, so the mother was not shown to be a lawful guardian for the minor. Under Mahomedan law, a de facto guardian cannot transfer a minor's immovable property, and adult heirs cannot bind a minor heir's separate share by treating inherited property as subject to a general act of administration. The sale was therefore ineffective against the minor's share, subject only to restitution of the minor's proportionate benefit. Case-Laws Indian Laws Mon, 23 Dec 1957 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=292035