upon the gift. It was never the case of the revenue before the Tribunal that the gift were invalid on that account. The sole consideration ... which prevailed with the Tribunal in holding the gifts invalid was the inadequacy of the cash balance in the firms books on the date
plaintiff-appellant pleads before us that the deed of gift was invalid by reason of non-delivery, and also under the doctrine of Mushaa ... authorities referred to show that possession taken under an invalid gift of Mushaa transfers the property according to the doctrines of both the Shia
authorities refer red to show that possession taken under an invalid gift of mushaa transfers the property according to the doctrine of both the Shiah ... render the gift effectual. If possession were once taken and the deed of gift took effect no subsequent change of possession would invalidate
gifted properties.
3. The trial Court considered the question on merits and answered it against the plaintiff. It held that the gift was not invalid ... Agricultural Credits Act (XIV [14] of 1940) operated to render the gift invalid, and (2) That he omitted to pray alternatively for possession
deed that no delivery was to take place at all, invalidates the gift altogether.
9. In the first plane, these earlier oases were decided prior ... donor's death, a repugnant condition and render the gift invalid. Furthermore, we are of opinion that, inasmuch as the Legislature has now dispensed
Shanti Sarup vs Radhaswami Satsang Sabha, Dayalbagh ... on 22 March, 1968
Equivalent citations: AIR1969ALL248, AIR
right to property forms the subject of a gift, the gift will be invalid unless the donor transfers, what he himself does not possess, namely ... behalf nor was the gift deed handed over to the wife. The gift was held to be invalid bv the Courts below as well
that the gifts constituted cross-gifts. However, it agreed with the case of the revenue that the same were invalid on the ground that ... ground that the gifts in question were cross-gifts. The question whether these gifts could be invalidated on the ground that they were cross-gifts
suffering from death, illness when he made the gift and consequently the gift was not invalid.
3. From this decision the present appeal has been ... doubt goes to the root of the matter, namely, whether the gift was invalid under the law of murzulmaut. The test which was treated
possession and therefore had not delivered possession did not of itself invalidate the gift in favour of the respondent." There is a decision ... right to property forms the subject of a gift, the gift will be invalid unless the donor transfers, what he himself does not possess, namely
