Law:

Section:

Muhammadan Law---------Gift-Tamliknama, meaning of-Gift of corpus and gift of usufruct-­Tamliknama reciting that property was gifted to T on her agreeing to marry Sand living with him as his wife and further declaring that the donor and his heirs were completely divested of any right whatever in the gifted property-Gift deed, however, further reciting that T would not sell or mortgage property during her lifetime and that on death of T property would devolve upon her husband S and her children born out of the wedlock with S-Gift, in circumstance, held one of the corpus and not merely the usufruct-Condition contained in Tamliknama regarding transfer and mortgage during T's lifetime being in defeasance of her rights under gift was void and gift was effective as if no condition were attached. The counsel for the appellants, argued that reading the document as a whole it was clear enough that the intention underlying the gift was to confer a right upon the wife T to enjoy the usufruct of the property for her life. Learned counsel strongly relied upon the fundamental condi­tion subject to which the tamlik was to become effective namely, that the lady T will agree to marry S and will live with him as wife and that if at any time she refuses to do so then the Tamliknama will become void and of no effect. It was, therefore, urged that the limit­ing condition read with the prohibition against any sale or mortgage of the property by the donee during her lifetime connotated a creation of mere life interest in favour of the lady T without constituting her an absolute owner. Having considered the terms of the Tamliknama in the light of the various precedent cases bearing on the subject, there is no doubt that the gift in favour of the lady T was of the corpus and was not merely of the usufruct for her life: rather it constituted her to be full owner of the property and the prohibition against any transfer or mortgage of the property by her during her lifetime, being in defeasance of her rights under the gift, under the well-settled principle of law became void. That the gift was in respect of the corpus and not merely of the usufruct is manifest from the language of the…

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