The Fatwai Alamgiri has the following passage: “If the executor gives a long lease of part of estate for the payment of the deceased debts, it would not be lawful He has no power to lend to another the property of the orphan according to all authorities and if he should do so he would be responsible. Neither the judge has power to do so.”
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ADVERTISEMENTS:
Thus, it appears that the Muslim authorities were not in favour of conferring any power on the guardian of leasing out the minor’s properties. Ameer Ali takes the view that the executor may give on lease the minor’s property, if there be need to do so, and if it is advantageous to the minor. He has also the power to pledge the goods and other movable property of the minor if it is necessary for the maintenance of the minor.
The position of the father also appears to be the same. In Zeebunissa v. Danaghar, the court said that a guardian of the minor has the power to lease out minor’s property if it is for the benefit of the minor. It appears that the guardian cannot give leases of the minor properties extending beyond the period of the minority of the child.