The central legal point established in the judgment is the requirement for the donor's understanding and free will in executing a gift, and the sufficiency of independent legal advice in certain cases.

Alfred Henry Lionel Leach, C.J.

1. The question here is whether a deed of gift of immovable property executed by one Ameena Bi on the 9th October, 1929, in favour of her niece, the third defendant in the suit, is valid according to Muhammadan law. The validity of the gift is challenged by the donors sister, Mahaboob Bi, who claims to be entitled to a half share in the property covered by the deed. The appeal arises out of a suit filed on the original side of this Court by Mahaboob Bi for a declaration of her title and the possession of the share claimed by her in the property. The suit was tried by Somayya, J., who found the questions of fact in favour of the donee, but he granted the relief claimed by the plaintiff largely on the ground that Ameena Bi had not received independent advice before entering into the transaction. The third defendant has appealed. Before entering upon a discussion of the evidence it may be mentioned that the plaint contained an allegation of fraud, but the idea of fraud is negatived by the judgment under appeal and has not been suggested in this Court. The learned advocate for the plaintiff-respondent has been compelled to rest his case on the finding of the learned Judge that it was essential for Ameena Bi to receive independent legal advice before giving her property away, as she was a pardanashin lady. For the appellant it is said that the evidence establishes that Ameena Bi did receive legal advice before executing the deed, but in any event this was not necessary as she knew her own mind and in making the gift she was carrying out her deliberate intention.

2. There were eleven defendants and the relationship between the parties is to be gathered from the sub-joined tables. Ameena Bi was married twice, but had no issue. Her second husband was Hakim Abdul Azeez, who had been married twice before. By his first wife, Hakim Abdul Azeez had a son who is the first defendant, and a daughter, who married Ahmadulla Batcha. By his second wife he had a son (the second defendant) and two daughters, the elder of whom married Haji Mohideen Batcha (D.W. 2) and the younger, the fifth defendant. Hakim Abdul Azeez died on the 10th March, 1929. The deed of gift was attested by the second and fifth defendants and by Abdul Wahab, Ahmadulla Batcha and Haji Mohideen Batcha. The third defendant mother died in 1910 when the third defendant was two years of age. She was brought up by Ameena Bi with whom she lived until Ameena Bis death on the 5th June, 1938. Hakim Abdul Azeez was a man of property and his two daughters were married to men of substance. Ameena Bi had great affection for the third defendant who was an orphan without property. Without a dowry her niece was not able to contract a suitable marriage. To place her in a position to do so Ameena Bi decided to give her the property in suit provided that it could be arranged that she herself should receive the rents during her lifetime. The property consists of a large house with frontages on two streets. The building was divided into tenements and the rents were substantial.

Habibulla Haji Mohamad Abdul Subhan Ameena Bi | | | _______________________________________________________________ | | | | | | | Hasina Bi Md. Habibur Zulaka Bi Zora Khatum Md. Hifzur Md. Mohi Md. Obai- Rahiman married (Deft. 3) Rahiman bur Rahiman dur Rahiman (Deft. 4) Abdul Wahab (Deft. 5) (Deft. 6) (Deft. 7) Haji Ahamad Hussain Mahabub Bi | plaintiff ____________________________________________ | | | | Haji Khadir Haji Md. A. Abdul A. Abdul Mohideen Sackeria Rahim Karim (Deft. 8) (Deft. 9) (Deft. 10) (Deft. 11) Hakim Abdul Azeez First wife Second wife Third wife, | | Ameena Bi ___________________ ____________________________________ | | | | | Abdul Wahid Daughter Abdul Khadir Daughter married Daughter married (Deft. 1) married (Deft. 2) Haji Mohideen Hifzar Rahiman Ahmadullah Batcha (Deft. 5) Batcha

3. In order to ascertain whether Ameena Bis wishes could be lawfully carried into effe