Imambandi v. Sheikh Haji Mutsaddi

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Ismail Ali Khan passed away in 1906, leaving behind three widows (defendants 1, 5 and Enayet-uz-Zohra) and several children.
The plaintiffs purchased Zohra's share and her two minor children's (defendants 9 and 10) shares through a deed of sale from Zohra in 1906.
The other widows' (defendants 1-7) names were mutated in revenue records as owners of Ismail's property after claiming Zohra was not his legally wedded wife.
The plaintiffs filed suit seeking declaration of Zohra's status as wife and their title/possession of the shares purchased from her.

Whether Zohra was the lawfully wedded wife of Ismail Ali Khan and defendants 9 and 10 were his legitimate children?
Whether Zohra as mother could validly sell her minor children's shares to the plaintiffs under Mahomedan law?

The Privy Council examined the Mahomedan law principles governing a guardian's powers over a minor's immovable property.
Under the Hanafi school, there is a clear distinction - for movables, even an unauthorized de facto guardian can sell in case of necessity, but for immovables, only legally appointed guardians like the executor have powers.
The doctrine of 'fazuli' sales being ratifiable applies when the owner has full legal capacity, not to minor's property.
- Specifically, Fatawa Alamgiri states a mother believing herself an executrix cannot sell the minor's property - the sale remains suspended until minor ratifies it.
Applying this, the Privy Council held that Zohra as a mere de facto guardian could not validly sell her minor children's shares to the plaintiffs. Such a transferee gets no enforceable title against the minor.

While upholding the declaration of Zohra as Ismail's wife and plaintiffs' title to her share, the Privy Council set aside the decree awarding possession of the minor children's shares to the plaintiffs as their purchase was invalid.