Referring to tenets of Mohammandan law, the Kerala High Court has ruled that Muslim father can act as the legal guardian of his minor daughter so as to alienate immovable property. The ruling was given by dismissing the appeal suit of a Muslim daughter who had sought for partition of property, ignoring the alienation effected by her father in capacity of her legal guardian.
The daughter filed suit for partition, claiming her share on ground that the alienation effected by her father on her behalf was invalid. The suit was filed after daughter became major.
The subject-property was initially purchased on behalf of the daughter and her siblings by their father as the legal guardian. Later, the father executed a sale deed by acting as the legal guardian of the daughter in order to alienate her share in her favour of her brother.