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2010 Supreme(Ker) 972

P.BHAVADASAN
Salekath Beevi – Appellant
Versus
Mumthas Beevi – Respondent


Advocates Appeared:
For the Appellant : S. Sanal Kumar.
For the Respondent: K.S. Hariharaputhran & George Mathew.

JUDGMENT :

The question as to whether acceptance of a gift by a minor is valid in Muslim Law arises for consideration in this appeal. The defendant, who suffered a decree at the hands of both the courts below is the appellant. The parties and facts are hereinafter referred to as they are available before the trial court.

2. The case as unfolded from the records is that when the mother of the plaintiff became pregnant, she took shelter with the defendant, who was gracious enough to give her accommodation. The plaintiff was born. Plaintiff's mother continued her residence and they lived like members of a family. As far as the defendant is concerned, the plaintiff was like her own daughter and she showered all her love on her. The defendant took care of all her affairs since the mother of the plaintiff had to go abroad on employment. Out of the immense affection and love for the plaintiff, the defendant executed Ext.A1 gift deed dated 2.11.1987, whereby she gifted the 10 cents obtained by her under kudikidappu to the plaintiff. However, the defendant was clever enough to retain life interest and right of residence in the house. Everything was going well till the marriage of the plaintif





















































































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