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july 2000

Supreme Court of India · 2000-07-19

Gulamhussain Kutubuddin Maner vs Abdulrashid Abdulrajak Maner And Ors.

Citation / case number
AIRONLINE 2000 SC 362
Court
Supreme Court of India
Petitioner
Gulamhussain Kutubuddin Maner
Respondent
Abdulrashid Abdulrajak Maner And Ors.
Bench
V.N. Khare, S.N. Variava

Judgment text excerpt

The Supreme Court held that under Mohammedan Law, a mother cannot be appointed as guardian of her minor son to accept a gift on his behalf while the father is alive. Citing the case of Valia Peedikakkandi Kutheessa Umma, the Court clarified that the presence of a living father negates the mother's capacity to act as guardian for gift acceptance. The Court concluded that the legal position established in prior cases regarding gifts to minors remains applicable, reinforcing the principle that a valid gift requires the presence of a competent guardian, which cannot be the mother if the father is alive.

Gulamhussain Kutubuddin Maner vs Abdulrashid Abdulrajak Maner And Ors. · Niyam