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MARICAR v. UMMA


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















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