Judgement

Appeal (No. 104 of 1926) from a decree of the High Court (December 6, 1923) varying a decree of the Subordinate Judge of Dhulia.

The question for determination in the appeal was whether a Sunni Mahomedan who died in 1918 had made a valid gift of his property to his grandsons, the appellants.

The facts appear from the judgment of the Judicial Committee.

The Subordinate Judge held that the alleged gift was invalid for want of delivery of possession, but in his view certain letters constituted a will under which the appellants were entitled to so much of the property of the deceased (namely one-third) as under Mahomedan law he could dispose of by will. He decreed accordingly.

The present appellants and the plaintiff-respondent appealed to the High Court. The learned judges (Macleod C.J. and Crump J.) held that the letters did not constitute a will, and that though they showed an intention to make a gift there was no valid gift, as there had not been a delivery of possession.

1928. Jan. 20, 23. Sir George Lowndes K.C. and Parikh for the appellants. Although in Mahomedan law delivery of possession generally is required to complete a gift, it is well established that no change