Regarding the appointment of guardian
Adv M.D.Azhar
(Querist) 17 May 2012
This query is : Resolved
sir, my uncle purchased a plot on the name of her daughter who was minor and she is still 15 years old, Now my uncle has left the world so if we sell that plot so what should we do bcs his daughter is still minor, Help me out. sir i have asked this query before but i forgot to mention that the girl is muslim and so that only father's father..... can be appointed as a legal guardian her mother is alive but she can not be appointed as a guardian as per muslim law so simply what is the way to sell the plot bcs we want to purchase other plot after selling the first one is there any way?
Nadeem Qureshi
(Expert) 17 May 2012
Dear Azhar
according to Mohammedan Law if a minor owns movable or immovable property, a guardian is necessary to manage it, the guardianship accoirding to muslim law may be classified as follows:
1. Legal or natural Guardian
2. Guardian appointed by the court
3. De-facto Guardian
The person entitled in the order mentioned below to be guardians of the property of a minor are (i) Father (ii) the executer appointed by the Father's Will (iii) The father's father and (iv) the executer appointed by Will of the Father's father.
Thus Mother, Brother, Uncle etc., are not entitled as of right to be the legal guardian of his/her property of the minor. but they can be appoint by the father or father's father.
(Ulfat BIbi v. Bafatee, AIR 1927 All 581
Feel free to call
Shonee Kapoor
(Expert) 18 May 2012
Why you want to sell the property of a minor?
The said sale unless in benefit of the minor would be void.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Adv M.D.Azhar
(Querist) 18 May 2012
yes sir it is in the benefit of the minor we want purchase another one for her after selling the present one
