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MUHAMMAD HANEEF versus ABDUL SAMAD


Section 42 of the Transfer of Property Act (I82 of I82), Section 41 suit for declaration mutation shows that the mother was transferred to her minor daughter's suit land in favor of her, to show through the exchange. There was nothing available that the mother was ever appointed to be the custodian of the property of her minor daughter through the competent court; the mother of the minor daughter was not a natural guardian to deal with the property of her minor daughter under Islamic law. In addition, she was the guardian of her property in exchange for a daughter, in the circumstances, between the mother and her minor daughter. The exchange of suit land was illegal The same cannot be said about the person who purchased the suit land, whether he or she has taken proper care, or acted in good faith to find or exchange mutation. The mother was not authorized to transfer the suit on the power of the plaintiff, not entitled to the protection of section 41, Transfer of Property Act 1882

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