Khursida Begum (D) By Lrs. Vs. Komammad Farooq (D) By Lrs. & Anr.
Civil Law - Muslim Law
Mulla Principles of Mohammedan Law, paras 152 and 160 - Muslim Law - Section 206 - Gift - Hiba of undivided property (hiba-bil-mushaa) - Validity of -Held That the gift had no infirmity under the Muslim Law either on the ground that the possession was not delivered or on the ground that the gift was hit by Hiba-bil-Musha - The gift was by father to his minor son - Property is under tenancy - The gift is by a registered deed - Right to collect rent stands transferred to done - The property is located in the city of Jaipur mentioned in the gift deed -Courts held to be not justified in not giving effect to the gift which has been held to be genuine - Appeal allowed and the impugned judgment liable to be set aside and the suit decreed.
Topic(s)-Muslim Law - Hiba of Undivided Property - Gift Valid