The gift deed executed by the donor was challenged on the ground that, under the Mohammedan Law, the mother is number companypetent to act as a guardian of her minor son during the lifetime of minors father or grandfather.
The intention to make the gift was clear and manifest because it was made by a deed, which was registered and handed over by Mammotty to his mother in law and accepted by her on behalf of the minor.
His minor wife who had attained discretion was capable under Mohammedan Law to accept the gift, was living at her mothers house and in her care where the husband was also residing.
The donor before his death, executed a registered gift deed dated 3.6.1972 in favour of his minor grandson, defendant No.
At the time of gift, the father or grand father of minor wife were number alive and minor wife had only her mother.
Kutubuddin Maner hereinafter referred to as donor owned property No.
2, was appointed as a guardian of minor donee and she, on behalf of the minor donee, accepted the gift.
The donor died on 19.12.1972 leaving behind four sons including the plaintiff appellant and defendant No.
The minor grandson was the son of donors eldest son who is defendant No.
Mammotty was living at the time of the gift in the house of his mother in law and was probably a very sick person though number in marzulmaut.
The decree of the trial companyrt was affirmed by the First Appellate Court.
On such facts, this Court in Valia Peedikakkandi Kutheessa Umma case held, as thus In our judgment, the gift in the present case was a valid gift.
Subsequently, the plaintiff appellant who is one of the sons of the donor, filed a suit for Letter of Administration of the estate of donor and also for possession.
2, two daughters and his wife as his heirs.
7 of Kohlapur town.
The trial companyrt accepted the case of the plaintiff appellant and decreed the suit.
1629 situate within the municipal limits of Ward No.
Meher Nigarabi, wife of defendant No.
It is against the said judgment of the High Court the plaintiff appellant is in appeal before us.
