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1955 Supreme(Mad) 237

GOVINDA MENON, RAMASWAMI GOUNDER
K. Veerankutty – Appellant
Versus
Pathummakutty Umma – Respondent


JUDGMENT

Krishnaswami Nayudu, J.:-In this Appeal the question as to the validity of a gift executed by a Muslim comes up for consideration.

The kanam rights in the suit properties belonged to one Muhammad Kutti. He executed a gift deed Exhibit A-2 dated 22nd April, 1931, in respect of four items of properties in favour of his two grandchildren, one Unniankutti and the 6th defendant who was a minor. Under the gift, possession of the property was retained with the donor, who reserved to himself the right to be in possession and enjoyment of the same till his death without powers of alienation and after his death the donees were to hold the properties in their possession and enjoy the same with full powers of sale and alienation. After the death of the donor Unniankutti for himself and on behalf of the 6th defendant, who continued to be a minor, assigned the kanam rights in these properties under Exhibit A-3 dated 1st January, 1943. The question is as to the validity of these two gifts. Exhibit A-2 is contended to be a gift of a life estate with a vested remainder and therefore invalid and it is stated that the donees being minors could not have taken possession of the properties and no

























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