Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 42

(a) Azad Jammu & Kashmir Interim Constitution Act, 1974 S. 42-Appeal to Supreme Court-Question whether possession of disputed property, subject of gift deed, was or was not delivered to donee -Held, a pure question of fact-Concurrent findings of District Judge and High Court about such fact-Cannot be legally challenged unless there has been gross misreading or non -reading of evidence resulting in manifest 'miscarriage of justice. [Question of fact]. (b) Muhammadan Law  Gift-Actual or constructive delivery of possession of corpus proved---Subsequent domain of donor over property--Held, cannot invalidate gift-Effect and validity of gift under Muhammadan Law-Essential conditions for validity of gift, Broad principles regarding delivery of possession of gift property-Presumptive heir challenging gift on basis of non-delivery of possession in exercise of his independent right of being in adverse possession-Held, Would have no locus stand' to challenge 'gift on such score,-- [Sardar Ahmed Khan and others v. Mst. Zamrool Jan P L D 1950 Pesh. 45 presented from] ---.[Adverse possession], Under Mahomedan Law, the validity of a gift qua delivery of possession, is to be seen at tile time the gift is made and if at that relevant time, there is actual or constructive delivery of possession as the corpus is susceptible of the subsequent domain of the donor over the property especially when it is jointly with the donees, cannot invalidate the gift. Mahomedan Law places no restriction on disposition of property by a sane Muslim owner by way of gift inner except the disposition by a person suffering from death Illness effect of a gift under Mahomedan Law is the deprivation of some of the heirs whereby the donor consciously and intentionally interrupts the devolution of his property through the means of 'hiba by favouring one of the heirs or even a stranger of choice at the cost of other heirs. This is legitimately permitted under the Mahomedan Law and mere fact that a full-fledged Muslim owner disposes of his whole or in part, property in. favour of one of his heirs to the exclusion of other heirs be it with such an intention or not, the validity of…