MARICAR v. UMMA
Present: Lyall Grant J. and Maartensz A.J.
1929.
MARICAR v. UMMA.
186-D. C. Jaffna, 23,707.
Muslim law-Gift by parents to.
children-Reservation of life-interest- No acceptance on possession-Validity.
Where Muslim parents conveyed to their minor child by a deed, styled a deed
of settlement, a land reserving to themselves a life-interest and the right to
mortgage or transfer the land, and there was no acceptance on behalf of the
minor,-
Held, that the deed was inoperative to pass title to the donee.
APPEAL from a judgment of the District Judge of Jaffna.
In this action the validity of a deed of gift by a Muslim and his wife in favour
of their children was in question. The deed was styled a deed of settlement, it
was executed by the parents and was not accepted by the donees. The material
paragraph was as follows: " We do hereby declare that as we have life-interest
on the said land with its appurtenances hereby conveyed into them by way of
settlement, they are to possess and enjoy the same after our death, that we have
the right and power to mortgage or transfer the said land, when it is necessary
for us."
The learned District Judge held t
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.