Law: Muhammadan Law

Section: 12 , 115

Law: Civil Procedure Code (V of 1908)

Section:

  Muhammadan Law--- ----Gift---Gift deed---Where three ingredients of gift viz. declaration by donor, acceptance by donee and delivery of possession were proved from a document, such document in substance was a gift deed and not an agreement to make a gift in spite of the words written in the head note of such document. Muhammadan Law--- ----Gift---Gift deed was not compulsorily registrable; it could be effected even orally or under an unregistered instrument. Mst. Umar Bibi and 3 others v. Bashir Ahmad and 3 others 1977 S C M R 154 rel. Muhammadan Law--- ----Gift---Where ingredients of a prior gift had been fulfilled, donor could not make a second gift without revoking the prior gift. Civil Procedure Code (V of 1908)--- ----OXXIII, R.3---Gift---First donee not a party to compromise decree between donor and subsequent donee ---Effect---Such compromise decree would not bind first donee because she was not a party to suit culminating into a compromise decree---Ingredients of earlier gift having been fulfilled, donor had no right to make subsequent gift in respect of same property.---[Muhammadan Law]. Civil Procedure Code (V of 1908)--- ----S. 12(2)---Gift---Compromise decree by donor in favour of second donee-- First donee's suit was pending when compromise decree was obtained by subsequent donees against donor---First donee's suit being pending it was no imperative on her to have withdrawn her suit and to have recourse to provisions of S.12(2), C.P.C.---Suit filed by first donee being prior in time to date of compromise decree, same was competent.---[Muhammadan Law]. Muhammadan Law--- ----Gift---Revocation of gift---No revocation of gift could be made after delivery of possession when donee was related to donor within prohibited degree---Donor and donee being father and daughter, gift in favour of daughter could not be revoked---Donor had no authority to donate his property when it had become absolute property of donee. Mohammadan Law by Mullah, p. 60 rel. Civil Procedure Code (V of 1908)--- ----S. 115---Gift---Revisional jurisdiction---Concurrent findings of fact could not be disturbed in revision in absence of misreading of evidence on record.--…