Sahul Hamid V. Mohideen Nachiya

1932 Present : Dalton J. and Jayewardene A.J.

SAHUL HAMID v. MOHIDEEN NACHIYA.

83-D. C. Jaffna, 26,351.

Muslim law-Deed of gift to children-Absolute and irrevocable-Acceptance by major son on behalf of minors-Reservation of right to live on premises and enjoy the rents and produce-Ordinance No, 10 of 1931, s. 3- Retrospective effect.

A Muslim gifted certain premises to her four sons as a gift absolute and irrevocable. The gift was accepted by the eldest son, a major, on behalf of his minor brothers.

The deed further provided that the donor shall have " the right of living in the premises and enjoying the rents and produce thereof during her lifetime ".

Held, that the donation was a valid one under the Muslim law.

Per DALTON J.-That the Muslim Intestate Succession and Wakfs Ordinance, No. 10 of 1931, in regard to the declaration in section 3 is declaratory of the law applicable to donations not involving fidei commissa.

Per JAYEWARDENE A.J.-That the donation was irrevocable.

Ordinance No. 10 of 1931 is not merely declaratory of the existing law, and therefore not retrospective.

THE plaintiff, a minor appearing by his next

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