AIR 2014 SUPREME COURT 3464 ::2014 AIR SCW 4693 ::2014 (4) AJR 399 ::(2015) 126 RevDec 81 ::(2014) 2 CLR 658 (SC) ::(2014) 2 MarriLJ 378 ::2014 (2) CLR 658 ::(2014) 2 Orissa LR 637 ::(2014) 2 WLC(SC)CVL 452 ::(2014) 4 CivLJ 566 ::2014 (3) All RentCas 228 ::2014 (9) SCC 350 ::2014 (9) Scale 483 ::AIR 2014 SC (Civil) 2284 ::(2014) 5 AllMR 929 (SC) ::(2014) 6 AndhLD 123 ::(2014) 107 All LR 203 ::(2015) 119 Cut LT 135 ::(2015) 1 Mad LW 118 ::(2015) 1 MPLJ 262 ::(2015) 1 Mah LJ 553 ::(2014) 4 JLJR 117 ::(2014) 4 JCR 284 (SC) ::(2014) 4 Ker LT 73.2 ::(2014) 4 Pat LJR 268 ::(2014) 142 AllIndCas 99 (SC) ::(2015) 4 Cal HN 22 ::(2014) 5 All WC 5308

Supreme Court Of India

(From : Andhra Pradesh)

Hon'ble Judge(s): Jagdish Singh Khehar, Rohinton Fali Nariman , JJ

Muslim Law - Gift - Immovable property gifted in favour of donee-wife contemplating transfer of corpus and not usufruct - Conditions curtailing its use or disposal are to be treated as void - Gift deed irrevocably vested all rights in immovable property in donee - Sale of gifted immovable property by donee is therefore, legal and valid - Consequently, claim of respondents LRs of donor to gifted property on demise of donee - Is illegal. Transfer of Property Act (4 of 1882) , S.123— Second Appeal No. 313 of 2004, D/- 2-8-2004 (AP), Reversed. The parameters for gifts (under Mohammedan Law) are clear and well defined. Gifts pertaining to the corpus of the property are absolute. Where a gift of corpus seeks to impose a limit, in point of time (as a life interest), the condition is void. Likewise, all other conditions, in a gift of the corpus are impermissible. In other words, the gift of the corpus has to be unconditional. Conditions are however permissible, if the gift is merely of a usufruct. @page-SC3465 Therefore, the gift of a usufruct can validity impose a limit, in point of time (as an interest, restricted to the life of the donee). The transfer of the corpus refers to a change in ownership, while the transfer of usufruct refers to a change in the right of its use/enjoyment etc. Thus in a gift which contemplates the transfer o....