Author: TYC

ISSUE:

Whether the hiba dated February 5, 1968 is true, valid and binding?

RULE:

According to Muhammadan law, a legal hiba or gift must meet the following requirements:

An expression of the giver's desire to give.

An inferred or explicit acceptance by the recipient; and

A real or constructive takeover of possession of the gift's object by the recipient.

ISSUE:

Whether gift made by maternal grandfather to his grandchildren who are minor and are represented by their father valid?

RULE:

When a grandfather gives property to a daughter's sons, the sons' parents, and the grandsons who live with him while the donor retains possession of the property himself, the gift is not complete.

ISSUE:

Whether a present given by a husband to his minor wife and received on her behalf by the woman is valid?

RULE:

According to Mohammedan law, if none of the minor's property guardians is available, a husband's gift of immovable property to his minor wife accepted on her behalf by her mother is still valid if the husband relinquishes ownership and possession of the property and there is a clear and manifest intention to do so.

ISSUE:

Whether gift of undivided property in absence of partition of the gifted property valid?

RULE:

An undivided portion (mushaa) in property that can be divided is an irregular but valid gift. Given that the gift is imperfect but not void, it can be made valid by later dividing it up and giving the recipient his portion.

ISSUE:

Whether the gift was made by the ailing person while under the apprehension of the death and further whether in such ailing he met his death?

When is the marz-ul-maut legislation applicable?

RULE:

The mere accident of death, which is a certainty in human existence, is not sufficient to invalidate the provisions. Basic jurisprudence and judicial pronouncements about this theory make it abundantly evident that the English phrase "death-illness" does not adequately convey the meaning of the word "marz-ul-maut." This notion seems to include a disease or ailment leading to death or resulting in the death of the affected individual. Because of this, the evidence of death. Its cause and the situation of the individual have their own distinct importance.

ISSUE:

What is the validity of a gift given "in contemplation of death" under Section 5(1)(xi) of the Gift Tax Act, 1958?

RULE:

According to section 5(1)(xi) of the Act, which states that the Gift-Tax Act shall not apply to a gift given by a person in anticipation of death.

The Indian Succession Act, 1925, Section 191, Gift-transferable property made in anticipation of death. By gift given in anticipation of death, a man may dispose of any moveable property that he may dispose of by Will.