LAW FOR ALL

Mohammedan Law - Conditional Gift - Life Estate - Transfer of Corpus but not usufruct - any condition not to alienate is void - Husband executed gifted to the wife with full rights of enjoyments - with out reserving his right to cancel and his successors have not right to challenge the same - but the condition is only that after her death it shall devolve on her children - husband died - she enjoyed the same - later she sold the same to the appellant - trial court decreed the suit - appeal court reversed the same - High court confirm the same but Apex court held that the gift is valid - condition is in valid - the sale deed infavour of appellant is also valid and as such the claim of children of donor is not maintainable = CIVIL APPEAL No.2364 OF 2005 V. SREERAMACHANDRA AVADHANI (D) BY L.RS. .......APPELLANTS VERSUS SHAIK ABDUL RAHIM & ANR. ......RESPONDENTS = 2014 Aug. Part. - http://judis.nic.in/supremecourt/filename=41834