Law:

Section:

(a) Muhammadan Law------- Gift --- Hiba-bil-Ewaz in lieu of marriage --- Possession --- When the husband was the donor for a wife living with him; when the father was the donor for a daughter and/or a minor living with him or a father-in-law for a daughter-in-law -and/or her husband living with him, strict proof by the donee of transfer of physical possession, and in other types of cases, was not insisted upon --- Once mutation of names had been proved the natural presumption from the relationship existing between the donor and the donee, the donor's subsequent acts with reference to the property would be deemed to have been done on behalf of the donee and not on his behalf --- Whatever the donor (father-in-law) had done, either for cultivation of the gifted land or for collecting the share/Produce from the tenants or even charging the tenants would be presumed the acts done or steps taken on behalf of (the daughter-in-law) the donee. The delivery of possession in cases like when the husband is the donor for a wife living with him, when the father is the donor for a' daughter and/or a minor living with him or a father-in-law for a daughter-in-law and/or her husband living with him, strict proof by the donee of transfer of physical possession, as in other type of cases, is not insisted upon. In the case of gift of immovable property by such close relations of the female as are mentioned above, once mutation of names has been proved the natural presumption arising from the relationship existing between the donor and the donee, the donoes subsequent acts with reference to the property would be deemed to have been done on behalf of the donee and not or his own behalf. Whatever the father-in-law of donee daughter-in-law had done either for cultivation of the gifted land or for collecting the share/produce from the tenants or even changing the tenants would be presumed as acts done or steps taken on behalf of the donee, daughter-in-law. In extremely rare cases where the donee lady is a very active member of the society, may be an urbanized educated one, managing her affairs effectively herself the position might be different. In the present case from the appearance…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492