1896 (12) TMI 1 - HC - Indian Laws

Court validates gift under Muhammadan law for properties in Pingri and Basaiya villages. Transfer upheld despite delays.

Anwari Begam Versus Nizam-Ud-Din Shah

The court found no evidence of mental incapacity or undue influence in the execution of the deed of gift. Regarding the validity of the gift under ... - Issues Involved:1. Mental capacity and undue influence in the execution of the deed of gift.2. Validity of the gift under Muhammadan law concerning possession and transfer of property.3. Specifics of possession transfer for properties in Pingri and Basaiya villages.4. Possession transfer for house property in the city of Agra.Detailed Analysis:1. Mental Capacity and Undue Influence in the Execution of the Deed of Gift:The first issue revolves around whether the donor, Ghulam Jilani, was of 'disposing mind' and whether he executed the deed under 'undue influence.' The court found no evidence of mental incapacity or undue influence, thus dismissing this contention. The judgment states: 'There was no evidence of mental incapacity or undue influence.'2. Validity of the Gift Under Muhammadan Law Concerning Possession and Transfer of Property:The second issue concerns the validity of the gift under Muhammadan law, particularly whether possession had been transferred to the donee, Anwari Begam. The court examined whether the donor had transferred possession of the properties as required by Muhammadan law. The judgment notes: 'The principle of Muhammadan law is that possession is necessary to make a good gift, but the question is, possession of whatRs.'3. Specifics of Possession Transfer for Properties in Pingri and Basaiya Villages:Pingri Village:The property in Pingri was under attachment by the Collector for arrears of revenue. The court found that although the donor did not have actual possession, he had ownership and could regain possession by paying off the arrears. The judgment states: 'It was open to him at any period to pay off the arrears and regain absolute possession of the property.' The court concluded that the donor had taken necessary steps to transfer possession to the donee: 'Within a fortnight after the gift, the donor went to Muttra... and stated on oath before the Assistant Collector... 'I have transferred my share in the village Pingri to Musammat Anwari Begam.''Basaiya Village:For the Basaiya property, the court noted that mutation proceedings were initiated by the donor and completed in his lifetime. The judgment observes: 'The fact remains that those proceedings were taken at the instance of the donor, and in order expressly to give effect to his gift, and were completed in his lifetime.' The court found that the delay in mutation proceedings did not invalidate the gift: 'Where possession is transferred by a donor to a donee in pursuance of the deed of gift previously executed, the provisions of the Muhammadan law are satisfied and delay is immaterial.'4. Possession Transfer for House Property in the City of Agra:The court examined whether the house property in Agra was part of a suit brought by Ghulam Jilani, which would indicate he retained possession. The judgment states: 'We have examined all details and descriptions by metes and bounds, and a map of the house property in question, and the respondent has failed to satisfy us as to the identity of the property sued for in the plaint abovementioned with any part of the property covered by the deed of gift.' The court found no evidence that the donor retained possession of the house property, thus validating the gift: 'We therefore find that the gift of the house property is not invalid for lack of possession by the appellant here.'Conclusion:The appeal was allowed, the decree of the lower court was set aside, and the plaintiff's suit was dismissed with costs. The judgment concludes: 'The result is that the appeal is allowed, the decree of the lower Court is set aside, and the plaintiff's suit is dismissed with costs. The appellant will have her costs of this appeal.'