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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