Guardianship of minors property

2015 PLD 46 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Guardianship of minors propertySale of property of minor by the mother without permission of courtEffect"De facto guardian"ScopeMother of minor was not the natural guardian to deal with the property of her minor children

Mother could be de facto guardian of person and property of a minor but she had no power to transfer the property of minors

Alienation of immovable property of minor was possible only by the person entitled to be appointed as legal guardian of property after obtaining permission of the court

Duty of appointing a guardian for the protection and preservation of minor's property would fall on the Judge as representing the State

Person neither a legal guardian nor a guardian appointed by the court but had voluntarily placed himself incharge of the person and property of a minor, would be called "de facto guardian"

"De facto guardian" was merely a custodian of the person and property of the minor but he had no power to transfer any right or interest in the immovable property of minor

Mother, in the present case, had alienated the property of her minors children and vendees were aware of the fact that they were purchasing the property of minors

Impugned agreement of sale between the mother of minors and vendees was void agreement which could not be enforced

Minors were entitled to their respective share in the suit property as legal heirs of the deceased

Impugned judgments and decrees passed by the Appellate Court were perverse and contrary to law and evidence available on record which were set aside and those of Trial Court were restored

Second appeal was accepted in circumstances.