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MUSLIM LAW

(Querist) 24 March 2010 This query is : Resolved 
MUSLIM LAW
Sir,
The property purchased by X on 22.01.1901 through a registered sale deed. The property Gifted to Court Mohall by X on 01.11.1930 through a registered gift deed. Later on he executed a WILL on 10.01.1931 in favour of his daughter; the said WILL is not registered one. On the date of executing the Gift Deed in favour of Mohall he was Muthavalli. The property has not given possession to the Mohall by X. Since the date of Gift till to-day the property is in possession and enjoyment by X and his legal heirs. The legal heirs of X are paying property tax and their names’ are shown in the city survey records since then and city corporation records. There was Gazette notification 1965 by the wakf board the list of properties of the wakf, which includes the disputed property. Now the mosque is claiming property and wakf board held that the legal heirs of X are trespassers and encroachers and initiated proceedings under section 54 (3). Kindly let me the position of law. If possible citations may be referred.
01. The possession is not given by X to mosque
02. Gift has not accepted by mosque
03. Property not transferred in favour of Mohall
04. WILL executed by X in favour of daughter
05. The donor can cancel the Gift
Regards
Sontha Sudhakar

n.k.sarin (Expert) 24 March 2010
1.without acceptance and possession gift is not valid.
4. will executed in favor of daughter, if not according to Muslim law is not valid.
5. In the given circumstances donor can cancel the gift.
adv. rajeev ( rajoo ) (Expert) 24 March 2010
In Mohd., law oral gift can be made but gift must be accepted. In your case gift is not accepted so it is void.
Will should be in accordance with the Mohd., law otherwise it is will be invalid.
X can cancell the gift, because it is not yet completed in accordance with the mohd., law.
prakash vathore (Expert) 24 March 2010
the essential ingredient of gift is acceptance if u r correct in saying that the gift is not accepted by the doonee then it cant be a valid gift, and if ur will is correct according to the muslim law means that excluding certain share in the entire property, then u can go for probate.
Kumar Thadhani (Expert) 25 March 2010
In your case under the Mohammdean Laws this gift of your property is not accepted.Hence it becomes null and void.However your Will to certain extends is valid.You will have file petition for Probate.


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