‘Muslim mothers can act as legal guardians of properties’

Justice RMR Teeka Raman on striking down an appeal challenging the dismissal of a partition suit between a Muslim family by an additional district court in Dharmapuri in 2006, said, ‘Where there was no other guardian of the property or person of the minor and the mother was the only other person who could look after the interest of the minor, acceptance of the gift by the mother was not illegal or invalid. In such cases, the benefit to the minor and the completion of the gift for his benefit was the sole consideration.” 

As per the case the father, before his death had gifted the suit properties to his two sons – while the elder son was a major the younger son was a minor and was represented by his mother in the gift deed.  The petitioners had contended that under the Mohammedan law, women do not enjoy right of guardian ship and cannot be appointed or act as a guardian.

Justice Teeka Raman observed that “the law clearly distinguishes between properties gifted to a child by father and others. While delivery of possession is essential with respect to properties gifted by others, it is not so with respect to properties gifted to minors by their fathers as ‘for all practical purposes, it is delivery by right hand to the left hand’ as the latter remains the legal guardian during the lifetime.