Apex Law Journal
Apex Law Journal
An online law journal reporting latest and important judgments of Hon'ble Supreme Court of India.                                                                                                                         Click here to get free legal updates via email                                                                                                                          Click here to download forms (Address Form, List Of Documents and Memorandum Of Appearance)
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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Mohammedan Law

Tuesday, September 20, 2011
Mohammedan Law

Mohammedan Law — Disposition of entire property by a Mohammedan — Held, a Mohammedan may make a disposition of his entire property if all the heirs signified their consent to the same — In other words, the general principle that a Mohammedan cannot by Will dispose of more than a third of his estate after payment of funeral expenses and debts is capable of being avoided by the consent of all the heirs.

 
Tuesday, May 10, 2011
Mohammedan Law

Mohammedan Law — Gift by a Mohammedan — For a gift to be complete, there should be a declaration of the gift by the donor; acceptance of the gift, expressed or implied, by or on behalf of the donee, and delivery of possession of the property, the subject-matter of the gift by the donor to the done — The donee should take delivery of the possession of that property either actually or constructively — On proof of these essential conditions, the gift becomes complete and valid — In case of immovable property in the possession of the donor, he should completely divest himself physically of the subject of the gift.

 
Mohammedan Law

Mohammedan Law — Gift by a Mohammedan — Writing is not essential to the validity of a gift either of moveable or of immovable property — What is important for a valid gift under Mohammadan Law is that three essential requisites [Declaration of the gift by the donor; (2) acceptance of the gift by the donee and (3) delivery of possession] must be fulfilled — The form is immaterial — If all the three essential requisites are satisfied constituting valid gift, the transaction of gift would not be rendered invalid because it has been written on a plain piece of paper — Registration Act, 1908, Section 17(1)(a) — Transfer of Property Act, 1882, Sections 123 and 129 — Mahboob Saheb vs. Syed Ismail & others (1995)3 SCC 693 relied.

 
Mohammedan Law

Mohammedan Law — Gift by a Mohammedan –The distinction that if a written deed of gift recites the factum of prior gift then such deed is not required to be registered but when the writing is contemporaneous with the making of the gift, it must be registered, is inappropriate and does not seem to us to be in conformity with the rule of gifts in Mohammedan Law — Registration Act, 1908, Section 17(1)(a) — Transfer of Property Act, 1882,  Sections 123 and 129. 

 
Mohammedan Law

Mohammedan Law — Gift by a Mohammedan — Merely because the gift is reduced to writing by a Mohammedan instead of it having been made orally, such writing does not become a formal document or instrument of gift so as to make it compulsorily registrable under Section 17(1)(a) of Registration Act, 1908 — When a gift could be made by Mohammedan orally, its nature and character is not changed because of it having been made by a written document — What is important for a valid gift under Mohammedan Law is that three essential requisites [Declaration of the gift by the donor; (2) acceptance of the gift by the donee and (3) delivery of possession] must be fulfilled — The form is immaterial — If all the three essential requisites are satisfied constituting valid gift, the transaction of gift would not be rendered invalid because it has been written on a plain piece of paper — Registration Act, 1908, Section 17(1)(a) — Transfer of Property Act, 1882, Sections 123 and 129.

 
Mohammedan Law

Mohammedan Law — Deed of gift executed by a Mohammedan — Whether requires compulsory registration? — It is not the requirement that in all cases where the gift deed is contemporaneous to the making of the gift then such deed must be registered under Section 17 of the Registration Act — Each case would depend on its own facts — Registration Act, 1908 — Section 17(1)(a) — Transfer of Property Act, 1882, Sections 123 and 129 — Legal position stated in Mulla, Principles of Mahomedan Law (19th Edition), Page 120 is correct — View of the Calcutta High Court in the case of Nasib Ali [AIR 1927 Cal 197] approved — Judgment of the Full Bench of Andhra Pradesh High Court in the case of Tayyaba Begum [AIR 1962 Andhra Pradesh 199] does not lay down correct law — View of the Gauhati High Court in the case of Md. Hesabuddin [AIR 1984 Gauhati 41] also approved — The judgments to the contrary by Andhra Pradesh High Court, Jammu and Kashmir High Court and Madras High Court do not lay down the correct law. 

 
Wednesday, February 03, 2010
Mohammedan Law

Mohammedan Law — Custody of a minor girl — Held, the personal law governing the minor girl dictates her maternal relatives, especially her maternal aunt, shall be given preference — Further held, in a case of interim custody of a minor girl, there is no reason to override this rule of Mohammedan Law.

 
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