MOHD. AMIN AND OTHERS vs VAKIL AHMED AND OTHERS.

The Supreme Court ruled that under Mahomedan law, a de facto guardian lacks the authority to transfer any rights in immovable property on behalf of a minor, as established in the case of Imambandi v. Mutsaddi [1918] 45 I.A.73. The Court held that a deed executed by the eldest son as guardian for the minor was void since he was not the legal guardian, and thus the deed could not be validated as a family arrangement. Additionally, the Court affirmed that continuous cohabitation between a man and woman creates a presumption of lawful marriage, referencing Khaja Hidayut Oollah v. Rat Jan Khanam (1844, 3 Moo I.A. 295).