Muslim mother can act as legal guardian of minor kid’s gifted properties: Madras HC

The Madras HC has recently held that although the principles of Mohammedan law do not confer the right of guardianship to women, mothers can act as legal guardians of properties gifted to their minor children and the acceptance of properties by them would be held as legally valid under specific circumstances. The court stated that, & lsquo 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.' The court further 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 & lsquo for all practical purposes, it is delivery by right hand to the left hand' as the latter remains the legal guardian during the lifetime In the case under consideration, the court put forth that the father had gifted certain property to his minor son and appointed his wife as a guardian, who had accepted the gift during the lifetime of the donor. & lsquo This would show the intention of the donor is clear and bona fide and the other criteria of valid gift as defined under Section 149 are being duly complied with,' the court stated. The findings of the trial court were upheld and held the & lsquo gift' in question is valid and the son, who was a minor at the time of gift as the absolute owner of the gifted property. The plea for partition was dismissed as devoid of merit.

When the mother is the only person who could look at the interest and welfare of the minor, she should be given the right to act as the legal guardian even though the law does not provide for it. Hence the decision of the court giving rights to muslim women to act as legal guardians of their childrens property is apt and justified.