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Under Muslim personal law, who can accept delivery of a hiba as a minor’s ordinary legal guardian of…

Mahboob Sahab v. Syed Ismail, (1995) 3 SCC 693, distinguishes legal guardianship of a minor’s property from physical custody. In the circumstances stated, the father is the…

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Under Muslim personal law, who can accept delivery of a hiba as a minor’s ordinary legal guardian of property when both parents are alive and capable and no court has appointed a guardian?

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Correct answer C

Mahboob Sahab v. Syed Ismail, (1995) 3 SCC 693, distinguishes legal guardianship of a minor’s property from physical custody. In the circumstances stated, the father is the ordinary legal guardian who can accept delivery on the minor’s behalf.

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Option A

A brother does not acquire legal guardianship of the minor’s property merely through that relationship.

Option B

A sister does not acquire legal guardianship of the minor’s property merely through that relationship.

Option C

The father is the ordinary legal guardian of property on the stated facts.

Option D

The right to physical custody does not by itself make the mother the legal guardian of the minor’s property.

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