Seyambo Natchia V. Osman

Present - Ennis A. C. J. and Dalton T.

SEYAMBO NATCHIA v. OSMAN.

367-D. C. Galle, 21, 219):

Muhammadan law-Donation-Delivery of possession may be actual or constructive-Delivery of deed-Acceptance of deed constitutes delivery.

Under the Muhammadan law a necessary element to constitute the validity of a deed of gift is delivery of possession, actual or constructive.

Delivery of the deed amounts to constructive delivery of possession for this purpose and where such gift is to a minor child acceptance by the father appearing on the face of the deed constitutes a delivery of the deed.

Queue, whether a Muslim dowry deed given in consideration of marriage is a deed of gift.

THIS action was brought by plaintiff against the administrator of the estate of her deceased daughter, Zohara. Plaintiff gifted to her certain lands mentioned in paragraphs 8 and 5 of the plaint by deed of gift dated November 7. 1916. She at first married one Haniffa. He died in 1917. Thereafter she married his brother, the present defendant. Zohara herself died on August 22, 1922, and defendant applied for letters of administration to her estate, and included these

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