Explain the facts and principles of law laid down in Mohd. Abdul Ghani Khan & Another Vs. Fakhra Jahn Begum & Others.
Here we will learn the topic Explain the facts and principles of law laid down in Mohd. Abdul Ghani Khan & Another Vs. Fakhra Jahn Begum & Other in detail
Mohd. Abdul Ghani Khan & Another (Plaintiffs)Vs Fakhra Jahn Begum & Others (Defendants)
Explain the facts and principles of law laid down in Mohd. Abdul Ghani Khan & Another Vs. Fakhra Jahn Begum & Othe
Reference A.L.R. 1922 P.C. 281
Here we will learn the topic Explain the facts and principles of law laid down in Mohd. Abdul Ghani Khan & Another Vs. Fakhra Jahn Begum & Other in detail
Subject of the Case
Explain the facts and principles of law laid down in Mohd. Abdul Ghani Khan & Another Vs. Fakhra Jahn Begum & Other
Whether according to Sunni Mohammedan taw reservation of the gifted property by donor invalidates the gift ? What is the distinction between gift and will? What are the essential conditions of a valid it
Explain the facts and principles of law laid down in Mohd. Abdul Ghani Khan & Another Vs. Fakhra Jahn Begum & Other
Facts of the Case
Niamat Ullah Khan got the disputed property from British Government by way of gift. The succession of this property was to be governed according to Primogeniture,
Since Niamat Ullah Khan had no issue hence he executed a will on 20th. May, 1865. He died on 29th. August, 1887 leaving behind him his widow and two younger brothers named Lutf Ullah Khan and Ibrahim Khan.
Munni Bibi executed a document on 7th. March, 1884 which Subordinate Judge construed partly gift and partly will. But in the opinion of Judicial Commissioner it was a deed of gift.
On 15th. June 1906 Munni Bibi died leaving behind her two brothers plaintiff Mohd. Abdul Ghani Khan and Mohd, Rahim Khan as heirs.
On 25th. Nov, 1907 Lutf Ullah Khan mortgaged 4 annas 5 pies chars of village Gundhia to Pandit sheo Dayal. After some time he died leaving kohind him his widow Chand Bibi and a son Mamu Dulla Khan. Hamid Ullah Khan transferred to his two wives Mst. Fakhar Jahan Begum and Mat. Ashigari Begum some portion of the disputed property. 6.Mst. Chand Bibi, Begum Ashgari and Hamid Ullah Khan sold 4 arinas Spies share in village Gundhia to Sheo Dayal on which a debt of Rs 20,000/-was due under the mortgage.
On 20th. Dec, 1910 Ehsan Ullah etc, the four sons of Ibrahim Khan (brother of Niamat Ullah Khan) filed a suit against Hamid Ullah Khan and Nis two wives. Mohd. Abdul Ghani and Mohd. Abdul Rahaman Khan (brothers of Munni Bibi) alleging that Munni Bibi had by a will dated 10-6-90 bequeathed to their fat er Mauza Muhdi Misir and 4 annas 5 pies share of village Gundhia and the two groves, the house and certain land in village Jalalpur. Before the filing of this suit Abdul Ghani Khan had informed to Ehsan Ullah and Abdullah Khan that they can get the property under the alleged will. But since the will was not proved ben e the suit was dismissed.
On 20th. Feb, 19.4 brothers of Munni Bibi, Mohd. Abdul Ghani Khan and Abdul Rehman Khan filed this suit against Hamid Ullah Khan, Mst. Fakhar Jahn Begum, Mst. Ashgari Begum, Mst.
Chand Bibi and Pandit Sheo Dayal for possession of village Mundia Misir and 4 annas 5 ples share in the village Gundhia and certain other properties as heir of Mst. Munni Bibi.
Decision of the Subordinate Judge – The Subordinate Judge construed the document of 7 March, 1884 executed by Maina Bibi as a will so far as it related to the disputed properties and as a deed of gift so far as it related to other properties. He observed that Pandit Sheo Dayal was not bonafide purchaser without notice of defect in title of the vendors and that all heirs of Munni Bibi had not given their assent to the bequest so it was not valid.
The plaintiffs suit, therefore, was decreed for 2/3 share. Defendants filed an appeal against this decision. Decision of Judicial Commissioner The commissioner construed the above document to be a gift deed and all the property passed to Lutf Ullah Khan under Sunni Law. Munni Bibi had transferred the corpus of the property to Lutf Ullah Khan reserving to herself only for the life usufruct of the property in dispute. The decree of Subordinate Judge, therefore, was set aside and suit of the plaintiff was dismissed. The plaintiffs filed an appeal to Privy Council against this decision.
Explain the facts and principles of law laid down in Mohd. Abdul Ghani Khan & Another Vs. Fakhra Jahn Begum & Other
Decision of the Privy Council
Their Lordships of Privy Council observed that the main difference between a gift and a will is that in case of the gift immediate right of property in the subject of the gift is conferred and in case of a will the vesting of the right of property is postponed.
Explain the facts and principles of law laid down in Mohd. Abdul Ghani Khan & Another Vs. Fakhra Jahn Begum & Other
Principles of Law Laid Down
The reservation of the usufruct by donor does not by itself make the gift of the property void.
For a gift inter-vivos under Mohammedan law the following three conditions are essential (i) Manifestation of the wish on the part of the donor. (ii) The acceptance of the donee, either impliedly or expressly, and (iii) The taking of possession of the subject-matter of the gift by donee, either actually or constructively.
The main distinction between a gift and a will is that in case of a gift the immediate right of property in the subject of gift is conferred and in the case of will the vesting of property is postponed till the death of the testator.
Here we will learn the topic Explain the facts and principles of law laid down in Mohd. Abdul Ghani Khan & Another Vs. Fakhra Jahn Begum & Other in detail
