Gift – Muslim Law – Immovable property – Conditions curtailing its use or disposal are to be treated as void. Transfer of property Act section 123

Sheikh Hussein was married to Banu Bibi. During the subsistence of his matrimonial ties, Sheikh Hussein executed a gift deed on 26-04-1952, whereby a “tiled house” with open space was gifted in favour of his wife Banu Bibi. Banu Bibi enjoyed the immovable property gifted to her, during the lifetime of her husband Sheikh Hussein. Sheikh Hussein died in 1966. Even after the demise of Sheikh Hussein, Banu Bibi continued to exclusively enjoy the said immovable property. On 02- 05-197802- 05-1978, Banu Bibi sold the gifted immovable property, to V. Sreeramachandra Avadhani. The vendee V. Sreeramachandra Avadhani is the Appellant before the Court (through his legal representatives).

Banu Bibi died on 17-02-1989. On her demise, the Respondents before this Court-Shaik Abdul Rahim and Shaik Abdul Gaffoor issued a legal notice to the vendee. Through the legal notice, they staked a claim on the abovementioned gifted immovable property. In the notice, the Respondents asserted, firstly, that Banu Bibi had only a life interest in the gifted immovable property; and secondly, the Respondents being the legal representatives of Sheikh Hussein (who had gifted the immovable property to Banu Bibi) came to be vested with the right and title over the gifted immovable property, after the demise of Banu Bibi.

In the suit, the Respondents sought a declaration of title, over the “tiled house” with open space, gifted by Sheikh Hussein to his wife Banu Bibi.

The Court observed that the parameters for gifts (under Mohammedan Law) are clear and well defined. Gifts pertaining to the corpus of the property are absolute. Where a gift of corpus seeks to impose a limit, in point of time (as a life interest), the condition is void. Likewise, all other conditions, in a gift of the corpus are impermissible. In other words, the gift of the corpus has to be unconditional. Conditions are however permissible, if the gift is merely of a usufruct. Therefore, the gift of a usufruct can validly impose a limit, in point of time (as an interest, restricted to the life of the donee).

Having concluded that the donor Sheikh Hussein through the gift deed dated 26-04-1952, had transferred the corpus of the immovable property to his wife Banu Bibi, it is natural to conclude that the gift deed executed in favour of Banu Bibi, was valid.

The conditions depicted in the gift deed, that the donee would not have any right to gift or sell the gifted property, or that the donee would be precluded from alienating the gifted immovable property during her life time, are void.