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V. Alamelu   05 March 2024

Muslim law

Can a Settlment deed executed in casae of Muslim husband to his wife.



Quick Summary
This discussion clarifies the validity of settlement deeds executed under Muslim law, particularly between a husband and wife. It highlights that settlement deeds are governed by the Transfer of Property Act and do not fall under personal Muslim law. Crucially, for a Hiba (gift) to be valid in Muslim law, possession must be transferred; otherwise, the gift is invalid. Consequently, a settlement deed lacking possession is considered invalid and can be cancelled by the settler without prior notice to the recipient.

 3 Replies

P. Venu (Advocate)     05 March 2024

What are the facts? What is the context?

T. Kalaiselvan, Advocate (Advocate)     06 March 2024

Settlement deed can be executed under Transfer of property Act not involving any personal law. 

n Muslim law without possession Hiba/Gift is not valid.

On the same principle the settlement deed is invalid and the settler can cancel it any time without notice to settlee

V. Alamelu   06 March 2024

Thanks a lot sir for the reply.


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