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imtiaz Begam Vs. Jiwan Bakhsh - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtAllahabad High Court
Decided On
Judge
Reported in(1880)ILR2All93
Appellantimtiaz Begam
RespondentJiwan Bakhsh
Excerpt:
muhammadan law - gift. - - on this question our opinion is in accord with that of the court of first instance that a defined share in a landed estate is a separate property to the gift of which that objection is inapplicable, and we conceive that the view of the matter which we take in common with the subordinate judge is sanctioned by the rulings of the privy council as well as well-founded in reason.pearson, j.1. the main question raised by this appeal is whether the gift of a defined share of landed estates is open to the objection which attaches under muhammadan law, to the gift of joint and undivided property. on this question our opinion is in accord with that of the court of first instance that a defined share in a landed estate is a separate property to the gift of which that objection is inapplicable, and we conceive that the view of the matter which we take in common with the subordinate judge is sanctioned by the rulings of the privy council as well as well-founded in reason.
Judgment:

Pearson, J.

1. The main question raised by this appeal is whether the gift of a defined share of landed estates is open to the objection which attaches under Muhammadan law, to the gift of joint and undivided property. On this question our opinion is in accord with that of the Court of First Instance that a defined share in a landed estate is a separate property to the gift of which that objection is inapplicable, and we conceive that the view of the matter which we take in common with the Subordinate Judge is sanctioned by the rulings of the Privy Council as well as well-founded in reason.


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