Back
SANGEETA K. VISHEN
Daud Valibhai Kakal – Appellant
Versus
Kadar Daud Kakal – Respondent
JUDGMENT :
Sangeeta K. Vishen, J.
1. With the consent of learned advocates appearing for the respective parties, the matter is taken up for final disposal.
2. Issue rule, returnable forthwith. Mr. Jainish P. Shah, learned advocate waives service of notice of rule on behalf of the respondent no.1. Though served, none appear for respondent nos.2 and 3.
3. Captioned Civil Revision Application, has been filed challenging the judgment and order dated 03.10.2019 passed by the 11th Additional Senior Civil Judge, Jamnagar in Regular Civil Suit No. 130 of 2019 whereby the application Exh. 13 seeking rejection of the plaint, has not been accepted.
4. Tersely stated are the facts:
Under Mahomedan Law, an heir's right to property arises only upon the ancestor's death, thus a challenge to a gift deed executed during the ancestor's lifetime lacks cause of action.
Point of Law : Gift of an undivided share (mushaa) in property which is capable of division is irregular (fasid), but not void (batil).
A valid gift under Mohammedan Law requires declaration, acceptance, and delivery of possession; failure to meet these criteria results in the transaction being invalid.
Mahomedan law restricts testamentary bequests to one-third of the estate without consent from other heirs, a principle courts erred in evaluating, leading to misjudgment of the plaintiff's rights.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
