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 Muslim Law

Wednesday, September 16, 2009
Muslim Law

Muslim Law — Gift deed — Ingredients — Held, the conditions to make a valid and complete gift under Mohammadan Law are as under:

  a) The donor should be sane and major and must be the owner of the 
      property which he is gifting.

  b) The thing gifted should be in existence at the time of hiba.

  c) If the thing gifted is divisible, it should be separated and made
     distinct.

 d) The thing gifted should be such property to benefit from which is 
     lawful under the Shariat.

 e) The thing gifted should not be accompanied by things not gifted
     i.e. should be free from the things which have not been gifted.

 f) The thing gifted should come in the possession of the donee
     himself, or of his representative, guardian or executor. 

 
Muslim Law

Muslim Law — Gift deed — Definition of — Discussed in details in the light of text books like “Principles of Mohammadam Law” by Mulla; “Outlines of Mohammadan Law” by A.A. Faizee; and “Comentary of Mohammadan Law”  by Syeed Ameer Ali.

 
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