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 TOPIC - Saving of donations mortis causa and mohmmedan law.
 (section 129)
 SMIT SHAH
 Seat no. – 82
 2nd year, 4th semester
 M.S. UNIVERSITY.
Transfer Of Property Act, 1882
 Gift not covered by this act.
 THE provision of transfer of property act about gift
do not apply to:
(1) gift of movable property made in contemplation
(2)Affect the any rule of Muhammadan law.
Section. 129
 Hiba(gift) is one of the ritual/tradition of Muslim law
so it is governed by rules of Muslim personal law .
 3 essential is required for gift under mohmmadan
law
(1) Declaration of gift by donor.
(2) Acceptance of gift by donee.
(3) Delivery of possession.
Section 129
 This 3 rules are fulfil gift is valid .
 Oral transfer is valid/allow under Mohammadan law.
 Oral transfer of gift is allow under mohammadan law
it is said by supreme court of India in case of
Hafeeza BIbi v Shaikh Farid.
Section 129
 But if the property is immovable worth rs.100 or
more and the gift is made in writing , it must be
registered under section 17 of the registration act
which is apply on Muslim also.
 In case of hiba donor must be a Muslim , religion
of donee is immaterial/non-imporatant.
Muslim gift
 Like any Muslim donor give his any
movable/immovable property to Christian/Hindu in
gift (hiba) , that it is exempted from operation of
transfer of property act.
 Gift made by donor in contemplation of his death
is donatio mortis causa.
 Under Muslim law such gift is called death-bed gift.
 Under Muslim law gift of movable property as well
as immovable properties which is made in
contemplation of death are interpreted as wills.
Donation mortis causa
Transfer  of property act

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Transfer of property act

  • 1.  TOPIC - Saving of donations mortis causa and mohmmedan law.  (section 129)  SMIT SHAH  Seat no. – 82  2nd year, 4th semester  M.S. UNIVERSITY. Transfer Of Property Act, 1882
  • 2.  Gift not covered by this act.  THE provision of transfer of property act about gift do not apply to: (1) gift of movable property made in contemplation (2)Affect the any rule of Muhammadan law. Section. 129
  • 3.  Hiba(gift) is one of the ritual/tradition of Muslim law so it is governed by rules of Muslim personal law .  3 essential is required for gift under mohmmadan law (1) Declaration of gift by donor. (2) Acceptance of gift by donee. (3) Delivery of possession. Section 129
  • 4.  This 3 rules are fulfil gift is valid .  Oral transfer is valid/allow under Mohammadan law.  Oral transfer of gift is allow under mohammadan law it is said by supreme court of India in case of Hafeeza BIbi v Shaikh Farid. Section 129
  • 5.  But if the property is immovable worth rs.100 or more and the gift is made in writing , it must be registered under section 17 of the registration act which is apply on Muslim also.  In case of hiba donor must be a Muslim , religion of donee is immaterial/non-imporatant. Muslim gift
  • 6.  Like any Muslim donor give his any movable/immovable property to Christian/Hindu in gift (hiba) , that it is exempted from operation of transfer of property act.
  • 7.  Gift made by donor in contemplation of his death is donatio mortis causa.  Under Muslim law such gift is called death-bed gift.  Under Muslim law gift of movable property as well as immovable properties which is made in contemplation of death are interpreted as wills. Donation mortis causa