AIR 1957 MADRAS 577 ::1957 2 MadLJ453 ::1970 MadLW 523 ::ILR (1957) Mad 893

Madras High Court

Hon'ble Judge(s): P. Rajagopalan, N. Rajagopala Ayyangar , JJ

(A) Muhammadan Law - Gift - Gift of incorporeal rights and actionable claims. Muslim Law recognises gifts of incorporeal rights as also actionable claims. All that is needed in such cases to complete the gift by delivery of possession to the donee is, that the donor showed a clear intention on his part to divest himself in praesenti of the property and to confer it upon the donee.(Para 17) (B) Muhammadan Law - Gift - Corpus of estate transferred by way of gift to sons with condition to pay to daughter sum certain every year in perpetuity - Validity of condition - Musha - Principle of trust - Estate taken over by Government - Claim for share in compensation by daughter's son - Position of claimant.ILR 22 Bom 489, Not foll.Tenancy Laws. Madras Estates (Abolition and Conversion into Ryotwari) Act (26 of 1948) , S.42(2)(b)— If a donor were to make a condition that the donee should pay an annuity to one of his heirs in perpetuity, and give effect to the donation by transferring the subject thereof to the dominion of the donee, as the condition in no wise interferes with the completeness of the gift, both the gift and the condition become operative in law. There is no real basis for the contention that the only exception to the general rule, that a....