Law:

Section:

Islamic Law--- ----Gift---Doctrine of Mushaa---Applicability---Exceptions to rule of Mushaa---Scope---Deceased owner, during her life time, gifted suit land in favour of her daughter vide registered gift deed and mutation was also sanctioned---After the death of donee, a son of deceased donor from her second husband assailed the gift deed being illegal---Trial Court as well as Lower Appellate Court decreed the suit of the son of donor but High Court in exercise of revisional jurisdiction set aside the s and decrees passed by both the courts below---Plea raised by the son of deceased donor was that gift was invalid as the land was agricultural in nature and was divisible thus doctrine of Mushaa was not applicable---Validity---Gift of undivided share (Mushaa) in a property capable of division was irregular but not void---Such gift could be perfected and rendered valid by subsequent partition and delivery to donee of the share given to him and once possession was taken, gift become valid---Exceptions were there to the rule of Mushaa, firstly, where the gift was made by one co-heir to another and the other where gift was of a share in a Zamindari or Taluka---It was a gift by mother to a daughter, who was a legal heir and was entitled to inherit property of mother---Gift in joint holdings/Khata of agricultural land being divisible was of the share in a Zamindari and in a Taluka, therefore, gift was valid---High Court had rightly set aside the s and decrees passed by the Courts below and decreed the suit instituted by legal heirs of deceased donee---Judgment and decree passed by High Court was unexceptional warranting no interference of Supreme Court---Leave to appeal was refused. Muhammadan Law by D.F. Mulla rel. ORDER GHULAM RABBANI, J.---Both these petitions seeking leave to appeal involve identical questions of law and facts and are disposed of by this single order. 2. Late Noor Nishan was owner of land measuring 19 Kanals and 3 Marlas in joint Khata situated in Mauza Kohla, Tehsil and District Okara. She gifted out to her daughter Mst. Zohra Bibi (daughter from previous husband Bakhshia), the above share of land by way of registered deed No.1798 executed on…

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