LawforAll

advocatemmmohan

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since 1985 practicing as advocate in both civil & criminal laws

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Monday, September 20, 2010

GIFT WITH LIMITED RIGHTS -MOHAMMEDAN LAW.

UNDER SEC.164 OF MOHAMMEDAN LAW- GIFT WITH CONDITION - when a gift is made subject to a condition which derogates from the completeness of the grant, the condition is void and the gift will take effect as if no conditions were attached to it.--- When a gift is made gifting only rents for maintainence and not property, then sec.164 not applicable , even though a condition is mentioned for life time. but if a condition is imposed while gifting property itself with a condition of limited rights, that condition is void ABINTIO as per sec,164 of principles of Mohammedan law of Mulla-[ rent =usufruct=ariyat]-2010 [5] ALT 313.