What is Waqf? – A Comprehensive Guide under Muslim Law Waqf in Muslim Law: Meaning, Essentials, Types & Mutawalli,explore the concept of Waqf under Muslim Law. Learn its meaning, essential elements, types, creation, and the role of Mutawalli with key legal insights and case references. • Introduction to Waqf Waqf (also spelled Wakf) is an Islamic endowment of property to be held in trust and used for charitable or religious purposes. As defined by Abu Yusuf, it is the detention of a thing in the implied ownership of Almighty God, and its profits are used for the benefit of humanity. “Once a waqf, always a waqf” – Supreme Court of India Key Characteristics of Waqf 1. Irrevocability – Once declared, a waqf cannot be revoked. 2. Perpetuity – It is permanent and lasts forever. 3. Inalienability – The property cannot be sold, transferred, or inherited. 4. Charitable Use – The usufruct (benefits) must be used for pious or charitable purposes. 5. Absoluteness – Conditional or contingent waqf is void. Essentials of a Valid Waqf • Under Sunni (Hanafi) Law: √ Permanent dedication of property √ Waqif (dedicator) must be Muslim, sane, and major √ Purpose must be religious, pious, or charitable • Under Shia Law: √ Must be perpetual, unconditional √ Possession must be transferred √ Waqif cannot benefit from the waqf Types of Waqf 1. Public Waqf – For community welfare, e.g., mosques, schools 2. Private Waqf – For the benefit of family, known as Waqf-alal-aulad How is Waqf Created? • Modes of Creation: √ Inter vivos – During lifetime √ By Will – Testamentary waqf √ During illness – Limited to 1/3 of property without heirs’ consent √ By Immemorial User – Usage over time can imply waqf • Objects and Subjects of Waqf Valid Objectives: √ Mosques, Imambaras, Madrasas √ Quran reading, aid to pilgrims √ Support to poor and destitute Valid Properties: √ Tangible properties (not consumables) √ Immovable (land, buildings) or movable (books, stocks, cash) > Property must belong to the waqif. The Role of the Mutawalli (Manager) A mutawalli is a manager or superintendent of the waqf—not an owner. Eligibility: • Must be Indian citizen • Sound mind and adult • Can be male, female, or even non-Muslim (unless religious duties are involved) Appointment: By founder, executor, or Court ✓ Duties (per Section 50, Waqf Act 1995): • Follow directions of the Waqf Board • Submit returns and accounts • Allow inspections • Manage public dues ✓ Removal: • Breach of trust • Mismanagement or decay of waqf property • Failure to follow waqf objectives ∆ Doctrine of Cypress If the original purpose becomes impossible, courts may apply waqf property to a similar charitable purpose, preserving the intention of the waqif. Difference Between Waqf and Trust A Waqf under Muslim law is a permanent dedication of property for religious, pious, or charitable purposes, where the ownership is transferred to the Almighty God, and its benefits are used for the welfare of society. Once created, a waqf is irrevocable, perpetual, and must strictly adhere to Islamic principles. The manager, known as a Mutawalli, does not own the property but merely supervises its use according to the waqf’s objectives. In contrast, a Trust under the Indian Trusts Act, 1882, can be established for any lawful purpose, including private or family benefit. Unlike waqf, a trust may be revocable, and the founder may reserve benefits for themselves. The property in a trust is legally held by the trustee, who manages it for the benefit of the designated beneficiaries. Thus, while both serve as instruments for asset dedication and welfare, their legal nature, flexibility, and religious context differ significantly. Registration of Waqf • Under Section 36 of the Waqf Act, 1995: • Mandatory registration with the Waqf Board • Application must be filed within 3 months of creation • Can be applied by mutawalli, waqif, heirs, or Muslim community members Landmark Judgments on Waqf under Muslim Law 1. Vidya Varuthi Thirtha v. Baluswami Ayyar (1921) 48 IA 302 (PC) Court: Privy Council Key Point: • This is a foundational judgment defining Waqf in India. • The Privy Council held that under Muslim Law, when property is dedicated by way of waqf, the ownership passes to Almighty Allah. • Trustees (mutawalli) do not become owners; they merely administer the waqf property. “The idea of beneficial ownership is foreign to the concept of waqf under Muslim Law.” 2. Mohammad Ismail Ariff v. Ahmad Moolla Dawood (1915) ILR 42 Cal 904 Court: Calcutta High Court Key Point: • Clarified that waqf is irrevocable and perpetual. • Once created validly, the waqif (settlor) loses all ownership. 3. M Kazim v. A Asghar Ali (1932) 59 IA 94 (PC) Court: Privy Council Key Point: • Distinguished waqf-alal-aulad (waqf for descendants) and clarified that it is valid if: • The ultimate benefit is reserved for charitable or religious purposes. 4. Abdul Fata Mohd. v. Rasamaya Dhur Chowdhury (1894) ILR 22 Cal 619 (PC) Court: Privy Council Key Point: • Ruled that if a waqf is only for the family and descendants and does not reserve any ultimate religious or charitable object, it is invalid. 5. Mst. Amina Bibi v. Abdul Rahman (AIR 1923 All 152) Court: Allahabad High Court Key Point: • Waqf is not a gift (hiba); it is a separate legal institution where the ownership is divinely vested. 6. Asghar Ali v. Union of India (AIR 1965 SC 1604) Court: Supreme Court of India Key Point: • Validated government’s right to take over management of waqf property in case of mismanagement or public interest. 7. Board of Muslim Wakfs v. Radha Kishan (1979 AIR 289; 1979 SCR (2) 1) Court: Supreme Court of India Key Point: • Defined the jurisdiction of Waqf Boards and stated that the civil courts have jurisdiction unless expressly barred. 8. Radhakanta Deb v. Commissioner of Hindu Religious Endowments (1981 AIR 798) Court: Supreme Court of India Key Point: • Though not directly on waqf, it clarified…
Author: toahostinger
International Organizations: Structure, Role & Relevance in Global Governance International organizations are formal institutions established by multiple countries working together to achieve global peace, cooperation, development, and rule-based governance. These bodies shape modern international law and diplomacy through collective efforts. Definition & Purpose International organizations are entities formed by nations to tackle global challenges, including conflicts, health crises, trade issues, and environmental threats. Examples: • UN (United Nations): Global peace and security • WHO (World Health Organization): International public health • WTO (World Trade Organization): Regulating trade rules Historical Background ✓ First Technical Organization: • International Telegraph Union (ITU) – 1865, Paris • Aim: Standardize international telegraph communication • Now known as: International Telecommunication Union (under UN) ✓ First Political Organization: • League of Nations (1920–1946) • Aim: Prevent future wars • Created by: Treaty of Versailles • Failed to prevent WWII → Replaced by United Nations (UN) in 1945 United Nations (UN) The United Nations (UN) is an international organization founded in 1945 after the devastation of World War II, with the aim of maintaining international peace and security, promoting cooperation among nations, and ensuring respect for human rights. It is the most significant multilateral institution in the world today, with 193 member states. Historical Background • The League of Nations (1919) was the first international peacekeeping body but failed to prevent WWII. • In 1945, 51 countries met in San Francisco and signed the UN Charter. • The UN officially came into existence on 24th October 1945 (celebrated as UN Day). Aims and Objectives (as per UN Charter) 1. Maintain international peace and security. 2. Promote friendly relations among nations. 3. Achieve international cooperation in solving problems (economic, social, cultural, humanitarian). 4. Promote respect for human rights and fundamental freedoms. 5. Be a center for harmonizing the actions of nations. Organs of the United Nations (as per Chapter III of UN Charter) The UN consists of six principal organs: 1. General Assembly (GA) – Article 9 to 22 • Deliberative body with equal representation from all 193 member states. • Meets annually in September. • Discusses international issues and adopts resolutions (non-binding). 2. Security Council (UNSC) – Article 23 to 32 • Primary responsibility: Maintenance of international peace and security. • 15 members: 5 permanent (P5) with veto power, 10 non-permanent. • Resolutions are binding on all member states. 3. Economic and Social Council (ECOSOC) – Article 61 to 72 • Coordinates economic, social, and environmental work. • Works with 15 UN specialized agencies. • 54 members elected by General Assembly. 4. International Court of Justice (ICJ) – Article 92 to 96 • Judicial organ of the UN based in The Hague, Netherlands. • Settles legal disputes between states and gives advisory opinions. 5. Secretariat – Article 97 to 101 • Headed by the Secretary-General (currently António Guterres). • Administrative organ of the UN, implements decisions of other organs. 6. Trusteeship Council – Article 86 to 91 • Set up to oversee the administration of trust territories. • Became inactive in 1994 after the independence of Palau. Security Council (Articles 23–32) The Security Council is one of the six principal organs of the United Nations, entrusted with the primary responsibility for the maintenance of international peace and security, as laid out under Chapter V (Articles 23 to 32) of the UN Charter. 🔹 Article 23 – Composition of the Security Council • 15 members: • 5 Permanent Members (P5) – China, France, Russia, the United Kingdom, and the United States. • 10 Non-Permanent Members – Elected for 2-year terms by the General Assembly with due regard to equitable geographical distribution. • Non-permanent members are not immediately eligible for re-election. 🔹 Article 24 – Responsibility for Maintenance of International Peace and Security • The UNSC has primary responsibility for maintaining international peace and security. • In discharging this duty, it acts on behalf of all UN members. • The powers and functions of the UNSC are granted under Chapters VI, VII, VIII, and XII of the UN Charter. 🔹 Article 25 – Binding Nature of Security Council Decisions • All member states agree to accept and carry out the decisions of the Security Council in accordance with the Charter. • This makes Security Council resolutions binding, unlike General Assembly resolutions. 🔹 Article 26 – Regulation of Armaments • The UNSC, assisted by the Military Staff Committee, is responsible for formulating plans for the regulation of armaments. • Aimed at promoting peace with the least diversion of the world’s human and economic resources for armaments. 🔹 Article 27 – Voting Procedure • Each member of the Security Council has one vote. • Decisions on procedural matters: Need the affirmative vote of 9 members. • Decisions on substantive matters: Need 9 votes including the concurring votes of all 5 permanent members (i.e., veto power). • If even one P5 member votes against, the resolution fails. • Abstention by a permanent member is not considered a veto. 🔹 Article 28 – Participation in Meetings • The UNSC shall be so organized as to function continuously. • Each member shall have a representative present at all times. • The Council may hold meetings at any place it deems most convenient. 🔹 Article 29 – Establishment of Subsidiary Organs • The Security Council may establish subsidiary organs (e.g., peacekeeping missions, sanctions committees) as needed for performance of its functions. 🔹 Article 30 – Rules of Procedure • The UNSC adopts its own rules of procedure. • Includes the method of electing its President, agenda, meeting conduct, etc. 🔹 Article 31 – Participation of Non-Members • A UN member state which is not a member of the Security Council may be invited to participate without a vote in discussions if its interests are specially affected. 🔹 Article 32 – Participation of Non-Member States or Parties to a Dispute • If a non-member of the UN is party to a dispute under consideration by the UNSC, it shall be invited to participate (without…
Will under Muslim Law (Wasiyat) – An Analytical Overview A Muslim may transfer ownership in property in two ways: 1. During lifetime – e.g., gift (hiba) 2. After death – through a will (wasiyat) ✓ A gift takes effect immediately, whereas a will becomes operative only after the death of the testator. Definition of Will (Wasiyat) A Will (Wasiyat) signifies the last wish of a person regarding the distribution of their property after death. It is: • Ambulatory (takes effect after death) • Revocable (can be changed anytime during life) Justice Tyabji defines it as “a legal declaration of the intentions of a Muslim regarding his property to be carried into effect after his death.” ✓ No formalities are required. It can be oral or written, with no need for specific words, signature, or attestation. Important Terms: • Testator – The person making the will • Legatee – The person in whose favour the will is made • Legacy – The subject matter of the will • Executor – The person appointed to execute the will Requisites of a Valid Will 1. Testator must be competent • A Muslim of sound mind and above 18 years • Age determined by Indian Majority Act • A will by a minor is invalid unless ratified after attaining majority • A will obtained by coercion/fraud is invalid 2. Legatee must be competent • Any person capable of owning property (Muslim or non-Muslim, minor or insane) • Child in womb can be a legatee (within 6 months – Sunni; within 10 months – Shia) • Heirs cannot be legatees beyond 1/3 share without consent of other heirs • Bequest to non-Muslims is valid under all schools in India (due to Act 21 of 1850) • Manslayer cannot inherit under Hanafi Law (intentional killing – disqualified) 3. Subject of Bequest must be valid • Must be owned by the testator • Must be in existence at the time of death • Bequest of future property is invalid • Conditional or contingent bequests are void • Bequest must be unconditional 4. Testamentary Limitations • Only 1/3rd of net assets can be bequeathed without heirs’ consent • Consent by: • Sunni Law – After testator’s death • Shia Law – Before or after death • If testator has no heirs, full property can be bequeathed • If married under Special Marriage Act, governed by Indian Succession Act Example: Testator’s assets = Rs. 4000 Funeral + debts = Rs. 1000 Net = Rs. 3000 → 1/3rd = Rs. 1000 (can be bequeathed) Revocation of Will A Muslim can revoke their will anytime before death, either: • Expressly (oral, written, tearing or burning the will) • Impliedly, such as: • Sale or gift of bequeathed property • Material change or destruction of property • Creating a new will of the same property ✓ Mere denial or informal statement doesn’t revoke a will. Abatement of Legacies (Excess Bequests) ✓ Sunni Law – Rule of Rateable Proportion • If total bequests > 1/3rd → All reduced proportionately • Priority to Quranic obligations (faraiz), then wajib, and lastly nawafil Example: A: Rs. 30,000 B: Rs. 20,000 Total = Rs. 50,000 Estate = Rs. 75,000 → 1/3rd = Rs. 25,000 A gets Rs. 15,000, B gets Rs. 10,000 ✓ Shia Law – Rule of Chronological Priority • Earlier bequests are honoured first • Once 1/3rd is exhausted, later legatees get nothing Example: A: Rs. 20,000 → gets full B: Rs. 30,000 → gets Rs. 20,000 C: Rs. 40,000 → gets nothing (Estate = Rs. 1,20,000 → 1/3rd = Rs. 40,000) Key Points to Remember • Will must be made by a major, sane Muslim • It is valid for 1/3rd property without heirs’ consent • No formal requirement – can be oral/written • Can be revoked anytime • Bequest to heirs beyond 1/3rd needs consent • Rateable reduction in Sunni Law vs. Chronological Priority in Shia Law • Religious, charitable institutions can be valid legatees • If testator dies without heir, entire estate can be disposed via will Important Case Law • Husain Begum v. Mohd. Mehdi – Bequest of full property to one heir without consent is void • Damodar Kashinath Rasane v. Shahzadi Bi – Bequest exceeding 1/3rd is valid only to that extent without heirs’ consent Conclusion The concept of Will (Wasiyat) under Muslim law reflects a balance between the individual’s right of disposition and protection of legal heirs. The law ensures that justice prevails through limitations on excessive bequests and provisions for revocation, while also accommodating Islamic values of charity and piety. Start Your Preparation with TOA At Theory of Abrogation, we equip you with everything you need: •Subject-wise expert classes •Mock test series •Legal current affairs •Personalized mentorship for interview preparation “Your law degree is your foundation, but your preparation is what will build your success.” Join Our New Batch Now! Prepare smart. Prepare with Theory of Abrogation. Contact Us: 📍 B-109, Commercial Complex Dr. Mukherjee Nagar, Delhi-09 📞 +91 9971399324 | +91 8840961324 📧[email protected]
Triple Talaq and Its Legal Consequences Under Muslim Law Key Case: Rashid Ahmad v. Anisa Khatoon (1932) In this landmark case, Ghayas Uddin pronounced triple talaq (talaq-ul-biddat) in the absence of his wife, Anisa Khatoon, and later executed a divorce deed (talaqnama). Despite the divorce, the couple continued living together and had five children, whom Ghayas Uddin treated as legitimate. However, the court ruled: • There was no evidence of remarriage, nor any intermediate marriage with consummation (a requirement for remarriage after triple talaq under Sunni law). • Therefore, the subsequent cohabitation was void, and the children born after the divorce were held to be illegitimate. • The pronouncement of “I divorce Anisa Khatoon forever and render her haram for me” clearly showed an irrevocable intention. • The triple talaq was valid, and remarriage was not lawful without fulfilling halala conditions. Legal Principle Established: Mere cohabitation after an irrevocable talaq does not restore the marriage, nor legitimize the children, unless the proper Islamic procedure (intervening marriage and divorce) is fulfilled. Recent Judgment: Saheer v. State of Kerala (2023) In this case, the Kerala High Court quashed criminal charges against a husband who pronounced talaq-e-hasan, not talaq-e-biddat. Court Observations: • Talaq-e-hasan is valid under Muslim Personal Law and involves three pronouncements over three tuhrs (menstrual cycles) without intercourse. • It is revocable during the waiting period (iddat). • The Muslim Women (Protection of Rights on Marriage) Act, 2019 penalizes only talaq-e-biddat (instant triple talaq), not talaq-e-ahsan or hasan. 🔺 Key Highlights: • The husband made efforts for reconciliation. • Talaq was pronounced after failed mediations and with stated reasons. • The court found no element of instant or irrevocable talaq. • Criminal proceedings under Sections 498A IPC and 3/4 of the Muslim Women Act, 2019 were quashed. Types of Talaq Recognized in Muslim Law Talaq-e-Ahsan: • Single pronouncement during a tuhr (period of purity). • Followed by iddat without intercourse. • Revocable during iddat by resuming cohabitation. Talaq-e-Hasan: • Three pronouncements during three successive tuhrs. • No intercourse in between. • If cohabitation resumes after first or second talaq, it is revoked. ❌ Talaq-e-Biddat (Instant Triple Talaq): • Instant and irrevocable. • Now illegal and void under the 2019 Act and Shayara Bano v. Union of India (2017) ruling. • Punishable with up to 3 years imprisonment and fine under Section 4 of the 2019 Act. Legal Consequences of Divorce in Muslim Law Regardless of the form of talaq, the following consequences arise: 1️⃣ Right to Remarry: • Parties can remarry after completion of iddat. • Wife must undergo halala (intervening marriage with another man, consummation, and divorce) if divorced by triple talaq. • Without fulfilling halala, remarriage is not valid, and children of such union are illegitimate. 2️⃣ Dower (Mahr): • If marriage was consummated, entire unpaid dower (prompt + deferred) becomes immediately payable. • If not consummated, half dower is payable (if specified), or three articles of dress (if unspecified). 3️⃣ Inheritance Rights: • Mutual rights of inheritance cease after the divorce becomes irrevocable. 4️⃣ Cohabitation Becomes Unlawful: • After irrevocable divorce, any physical relationship is unlawful, and children born from such a union are illegitimate. • Such children cannot be legitimized even through acknowledgment. 5️⃣ Maintenance: • The wife is entitled to maintenance during iddat of divorce, but not during iddat of death. Important Conditions for Remarriage After Triple Talaq: To remarry after an irrevocable triple talaq, the following steps must be fulfilled: 1. Iddat must be observed by the wife. 2. She must lawfully marry another man. 3. The second marriage must be consummated. 4. The second husband must either divorce her or die. 5. She must observe iddat again after that. 👉 Without these steps, any remarriage with the first husband is invalid, and any children born out of such union are illegitimate. Conclusion Muslim Law allows multiple forms of divorce, but not all are recognized as legal under modern Indian legislation. • Talaq-e-biddat has been declared unconstitutional and illegal, while talaq-e-ahsan and talaq-e-hasan remain valid. • Case law like Rashid Ahmad v. Anisa Khatoon emphasizes the importance of proper procedure and remarriage conditions. • Recent rulings, like in Saheer v. State of Kerala (2023), further clarify the legal position and safeguard against misuse of Muslim divorce laws. Start Your Preparation with TOA At Theory of Abrogation, we equip you with everything you need: •Subject-wise expert classes •Mock test series •Legal current affairs •Personalized mentorship for interview preparation ✓ “Your law degree is your foundation, but your preparation is what will build your success.” Join Our New Batch Now! Prepare smart. Prepare with Theory of Abrogation. Contact Us: 📍 B-109, Commercial Complex Dr. Mukherjee Nagar, Delhi-09 📞 +91 9971399324 | +91 8840961324 📧[email protected]
Parentage, Legitimacy, and Acknowledgment under Muslim Law Meaning of Parentage Parentage is the legal relationship between parents and their children. • Maternity refers to the legal relation of the mother and child. • Paternity refers to the legal relation of the father and child. These legal relationships carry mutual rights and duties, such as: • Inheritance • Maintenance • Guardianship Maternity: How Established Under Sunni Law • Maternity is established by birth alone, regardless of whether the child is born within marriage or through zina (adultery). Under Shia Law • Mere birth is not sufficient. • It must be proved that the child was born out of a lawful marriage. Paternity: How Established • Paternity can only be established through marriage between the parents. • The marriage may be valid or irregular, but it must not be void. • Paternity is attributed to the husband of the mother. Legitimacy under Muslim Law Legitimacy is closely linked to lawful wedlock. A child is considered legitimate only if: • Born in a valid marriage. • Both father (begetter) and mother (bearer) were legally married at the time of conception. Hence, direct or indirect marriage between the parents is necessary to establish legitimacy. Presumption of Legitimacy: Key Rules 1. Child born within 6 months of marriage → Illegitimate, unless acknowledged by the father. 2. Child born after 6 months of marriage → Presumed legitimate, unless disclaimed by father through Lian. 3. Child born after dissolution of marriage • Shia Law: Legitimate if born within 10 lunar months. • Hanafi Law: Legitimate if born within 2 lunar years. • Shafei & Maliki Laws: Legitimate if born within 4 lunar years. Section 112 – Indian Evidence Act: Conclusive Presumption “A person born during a valid marriage, or within 280 days after its dissolution, is conclusively presumed to be the legitimate child of the husband, unless it is shown that the husband had no access to the wife during the period of conception.” Judicial Views • D.F. Mulla: Evidence Act supersedes Muslim law. • Ameer Ali: Section 112 embodies English law and doesn’t override Muslim law. • Tyabji: Disagrees with Ameer Ali. • In A.G. Ramchandran v. Shamsunnisa Bibi (AIR 1978 Madras): Section 112 applies to all religions, including Muslims. Acknowledgment of Paternity under Muslim Law When direct marriage cannot be proven, acknowledgment can establish paternity. Conditions for Valid Acknowledgment: 1. Must acknowledge legitimate sonship, not merely sonship. 2. Acknowledger must be at least 12.5 years older than the child. 3. Child must not be known to be someone else’s child. 4. If the child is adult, he/she must consent or remain silent. 5. There must be a possibility of lawful marriage between the man and the child’s mother at time of conception. 6. Acknowledger must be adult and sane. 7. Acknowledgment must have clear intention to confer legitimacy. 8. Acknowledgment must be definite (saying “I raised this child” is not enough). 9. Once acknowledged, it cannot be revoked. Rights Conferred: • Child gains full legal rights of inheritance. • Mother gains status of legal wife and right to inherit. Acknowledgment vs. Adoption Muslim Law does not recognize adoption. (Refer: Mohd. Allahdad Khan v. Mohd. Ismail, 1888) Acknowledgment under Muslim Law is based on the concept of actual paternity, meaning the man acknowledges a child as his biological and legitimate offspring. This process is valid only when the child is not known to be someone else’s child. If the biological father of the child is known and is someone else, acknowledgment is not permitted. Also, in acknowledgment, there is no renunciation of the natural family—the child remains affiliated with the natural bloodline. It relies on the theory of actual descent by legitimate means. Both male and female children can be acknowledged, and there is no religious or spiritual motive behind it; it is purely a legal recognition of parentage. In contrast, adoption under Hindu Law is based on legal affiliation, not on biological connection. A child can be adopted even if their biological father is known, and upon adoption, the child is permanently separated from their natural family and becomes a part of the adoptive family. This is a legal fiction rather than a natural relationship. Traditionally, adoption was allowed only for sons, but after the enactment of the Hindu Adoptions and Maintenance Act, 1956, even daughters can be adopted. Earlier, adoption had a religious and spiritual motive, especially to perform rituals like shraddha, but now it can be done for secular purposes as well. Conclusion In Muslim Law, legitimacy, parentage, and acknowledgment are interlinked with marriage. While adoption is not allowed, acknowledgment serves as an alternative mechanism to recognize and legitimize parentage, ensuring legal and social rights to children and their mothers. Start Your Preparation with TOA At Theory of Abrogation, we equip you with everything you need: •Subject-wise expert classes •Mock test series •Legal current affairs •Personalized mentorship for interview preparation “Your law degree is your foundation, but your preparation is what will build your success.” Join Our New Batch Now! Prepare smart. Prepare with Theory of Abrogation. Contact Us: 📍 B-109, Commercial Complex Dr. Mukherjee Nagar, Delhi-09 📞 +91 9971399324 | +91 8840961324 📧[email protected]
Important questions of Specific Relief Act, 1963 1. How would you introduce Specific Relief Act, 1963 to a new law student? 2. Write a note on 2018 Amendment of Specific Relief Act,1963. 3. What do you understand by “specific relief? Whether specific relief can be granted for enforcement of criminal law? (UPJS 2016) 4. What are the main points of difference between actions for possession under Section 5 and 6 of the Specific Relief Act? 5. What are the main points of difference between actions for possession under Section 5 and 6 of the Specific Relief Act? 6. A contracts to sell a piece of land to B for Rs. 20,000 and then puts him in possession of it. But he subsequently sells the same plot to C for Rs. 25,000. There upon C takes forcible possession of the property from B.Advise B as regards his remedies. 7. Explain the provisions relating to recovery of possession of a specific movable and immovable property under the Specific Relief Act, 1963. (RJS 2014) 8. ‘H’, the husband entered into an agreement to sell with the plaintiff for sale of a house for Rs. 1.10 crores. The vendee (the plaintiff) paid a sum of Rs. 11 lakhs as earnest money and the remaining amount of Rs. 99 lakhs was to be paid at the time of execution and registration of the sale deed. The vendor’s wife “W’ sent a notice to the vendee as well as the vendor ‘H’ calling upon them to cancel the agreement as she was owner of one half share having devolved upon her on death of her son. In the notice she stated that she was not willing to sell her share and was ready to purchase the share of the vendor ‘H,. The vendee replied that the agreement was binding on her and the notice had been given in collusion with the vendor H’. The vendee files a suit for specific performance. Decide. (DJS 2011) 9. ‘A’ and “B’ enter into a contract to become partners in a shoe business. The contract does not specify the duration of the proposed partnership. “A changes his mind and backs out of the idea and so is no longer willing to perform the contract. B files a suit for specific performance of contract.Can such a contract be specifically enforced? Decide with reason. (DJS 2006) 10. Whether following contracts can be specifically enforced: (i) A contracts with B to sing for the latter for one year at B’s theater; ii) A contract of transfer of immovable property; (iii) A contract to sell a picture by a well known dead painter; (iv) A contract to charter an aeroplane; (v) A contract to refer a dispute to arbitration.(DJS 2005) 11. Will the following contracts be specifically enforceable if so, under what circumstances? (i) A contract to construct a building. ii) A contract to execute a mortgage. (iii) A contract to sell property to which the seller has no title at the time of the contract but which he acquires later on. 12. ‘A’ and “B’ enter into a contract to become partners in a shoe business. The contract does not specify the duration of the proposed partnership. “A changes his mind and backs out of the idea and so is no longer willing to perform the contract. B files a suit for specific performance of contract.Can such a contract be specifically enforced? Decide with reason. (DJS 2006) 13. ‘H’, the husband entered into an agreement to sell with the plaintiff for sale of a house for Rs. 1.10 crores. The vendee (the plaintiff) paid a sum of Rs. 11 lakhs as earnest money and the remaining amount of Rs. 99 lakhs was to be paid at the time of execution and registration of the sale deed. The vendor’s wife “W’ sent a notice to the vendee as well as the vendor ‘H’ calling upon them to cancel the agreement a s s h e w a s owner of one half share having devolved upon her on death of her son. In the notice she stated that s h e was not willing to sell her share and was ready to purchase the share of the vendor ‘H,. The vendee replied that the agreement was binding on her and the notice had been given in collusion with the vendor H’. The vendee files a suit for specific performance. Decide (DJS 2011) 14. What defence for defendant, in suit for Specific Relief based on contract, are available?Whether and if so in what cases the defence of (1) under hardship and (2) inadequacy of consideration may be treated as a good defence? (MPJS 2011) 15. What defence for defendant, in suit for Specific Relief based on contract, are available?Whether and if so in what cases the defence of (1) under hardship and (2) inadequacy of consideration may be treated as a good defence? (MPJS 2011) 16. Detail the circumstances under which specific performance of a contract can not be enforced. Can the following contracts be enforced: (i) A contract to execute a mortgage; ii) A contract to lend Rs. 2000/-; (iii) A contract to construct a building(UP 1982) 17. Distinguish between Rectification, Recission and Cancellation of instrument. 18. Enumerate cases in which the court may properly exercise discretion not to decree specific performance (MPJS 2014) 19. Whether a enforcement of a contract is obligatory or discretionary by a court? 20. A had agreed to sell his house to B for Rs. 15 lacs. Rs.5 lacs were paid as advance. After one month, further Rs. 5 lacs was paid and A put B in possession of the house and balance amount of Rs. 5 lacs was to be paid on completion of paper work and registration of contract which is decreed.Court allows B a period of 2 months to make the balance payment. However, B fails to make the payment of Rs. 5 lacs within the time allowed by the court decree.A then applies for…
Modes of Dissolution of Marriage under Muslim Law Under Muslim law, marriage (Nikah) is considered a civil contract that can be dissolved through various modes. The dissolution of marriage can occur through natural causes, the act of parties, or judicial intervention. This article outlines the key methods recognized under Islamic law and statutory provisions applicable in India. 1. Dissolution by Death Marriage comes to an automatic end upon the death of the husband or wife. • If the wife dies, the husband is allowed to remarry immediately. • If the husband dies, the widow must observe an Iddat period: • Four months and ten days, or • Till delivery, if she is pregnant. 2. Dissolution by the Act of Parties Marriage may also be dissolved by the voluntary acts of the husband, the wife, or both by mutual consent. These include: A. By the Husband i. Talaq (Divorce by Husband) The word Talaq means “to release” or “to untie the knot.” It can be classified into the following types: a. Talaq-ul-Sunnat (Approved Form) This is in accordance with the traditions of the Prophet (PBUH) and includes: • Ahsan (Best form): • A single pronouncement during a period of purity (Tuhr). • No sexual intercourse during the Iddat period. • Becomes irrevocable after the Iddat expires. • Hasan (Good form): • Three pronouncements made in three successive periods of purity. • No intercourse during these intervals. • Becomes irrevocable after the third pronouncement. b. Talaq-ul-Biddat (Instant Triple Talaq) • Involves three pronouncements made at once. • Considered sinful and disapproved by jurists. • Not recognized by Shia law. • Declared unconstitutional by the Supreme Court in Shayara Bano v. Union of India (2017) for violating Article 14 of the Constitution. ii. Ila (Vow of Continence) • Husband vows not to have sexual relations for at least four months. • Marriage dissolves if the vow is not revoked before expiry. iii. Zihar (Injurious Comparison) • Husband compares wife with a woman in prohibited relationship (e.g., mother). • Wife can refuse cohabitation until the husband performs atonement: • Fasting for two months, • Feeding 60 poor persons, or • Freeing a slave. B. By the Wife i. Talaq-e-Tafweez (Delegated Divorce) • Husband may delegate the right to divorce to his wife or a third party. • Valid if the condition is reasonable and specific, e.g., wife can divorce if husband remarries or is cruel. C. By Mutual Consent i. Khula • Initiated by the wife. • She offers to return her dower (Mahr) or another consideration. • If accepted by the husband, the marriage is dissolved irrevocably. ii. Mubarat • Initiated mutually by both spouses. • Once the offer is accepted, divorce becomes irrevocable. • No consideration is necessary. ✓ In both Khula and Mubarat, the wife must observe the Iddat period. Reconciliation is only possible through fresh marriage. 3. Dissolution by Judicial Process A. Lian (Mutual Imprecation) • If the husband falsely accuses his wife of adultery, she can seek judicial divorce. B. Faskh (Judicial Annulment) Governed by the Dissolution of Muslim Marriages Act, 1939, especially Section 2, which allows a Muslim wife to obtain divorce on the following grounds: • Husband’s whereabouts unknown for 4 years. • No maintenance provided for 2 years. • Husband sentenced to 7 years or more in prison. • Failure to perform marital obligations for 3 years. • Impotency (if not cured within 1 year of court direction). • Husband is insane for 2 years or has a venereal disease. • Marriage occurred before age 15 and repudiated before 18 (if unconsummated). • Husband treats her with cruelty. • Any other valid ground under Muslim law. 🔹 Section 5 of the Act ensures that dissolution does *not affect the wife’s right to dower (Mahr). Legal Implications of Divorce under Muslim Law • Post-divorce, sexual intercourse becomes unlawful; any children from such relation are illegitimate. • Wife must observe Iddat before remarrying unless the marriage was not consummated. • Dower (Mahr): • Full amount if consummated. • Half, if not consummated. • Husband must provide maintenance during Iddat. • Inheritance rights continue until the divorce becomes final and irrevocable. Important Case Laws • Shayara Bano v. Union of India (2017) – Triple Talaq declared unconstitutional. • Juveria Abdul Majid Patni v. Atif Iqbal Mansoori (2014) – Khula initiated by wife cannot be refused by the husband, except for reasonable negotiation. Frequently Asked Questions (FAQs) Q1. Is Triple Talaq valid under Muslim law in India? ➡️ No. It was declared unconstitutional in Shayara Bano v. Union of India (2017). Q2. What is the difference between Khula and Mubarat? ➡️ Khula is initiated by the wife with compensation; Mubarat is by mutual consent without necessarily offering consideration. Q3. Can a Muslim wife divorce her husband without his consent? ➡️ Yes, under Talaq-e-Tafweez or through court under the Dissolution of Muslim Marriages Act, 1939. Q4. Is Talaq by Zihar still practiced? ➡️ It is rarely practiced and considered outdated but still valid under classical Islamic law. Start Your Preparation with TOA At Theory of Abrogation, we equip you with everything you need: •Subject-wise expert classes •Mock test series •Legal current affairs •Personalized mentorship for interview preparation “Your law degree is your foundation, but your preparation is what will build your success.” Join Our New Batch Now! Prepare smart. Prepare with Theory of Abrogation. Contact Us: 📍 B-109, Commercial Complex Dr. Mukherjee Nagar, Delhi-09 📞 +91 9971399324 | +91 8840961324 📧[email protected]
Most Important Questions on Indian Constitution for judiciary Mains: Q.1 What is Constitution? • How would you introduce Indian Constitution to a new law student? • What is the difference between Indian Constitution and other laws of the country? Q.2 State briefly the salient features of the Government of India Act, 1935. • What were its main defects? Q.3 “The Indian Constitution is Federal in form but unitary in substance”. • Comment. (UPJS 2003) Q.4 Write a short note on Preamble to the Constitution of India. • Discuss the secular character of the Indian Constitution. Q.5 What is the procedure of formation of states in India? Q.6 What do you understand by fundamental rights? • How do they differ from other rights? • Are they amendable? Refer to important Supreme Court decisions on the subject. Q.7 Is the right to property a fundamental right? (RJS 1984) Q.8 Briefly discuss the applicability of doctrine of severability under Article 13(1) of the Constitution of India. (RJS 2015) Q.9 Can Parliament amend Part III of the Constitution of India relating to Fundamental Rights? (UPJS 2016) Q.10 What do you understand by Judicial Review? • What is the effect of Article 13 on pre-constitutional laws and post-constitutional laws? • Explain with the help of decided cases. (UPJS 2013) Q.11 Write a short note on “Basic Structure Doctrine”. Q.12 Write a short note on Equality before law and equal protection of laws. Q.13 “Arbitrariness is antithesis to Article 14 of the Constitution of India”. • Elaborate. (RJS 2015) Q.14 “Arbitrariness and equality are sworn enemies”. • Explain. (UPJS 2003) Q.15 What should be the basis and limit of reservation of post in Government service? • Support your answer with relevant case law. Q.16 Section 144 CrPC imposed in Patna prohibits speeches. • A citizen disobeys it. Can he invoke Article 19 – Freedom of Speech? • Discuss the constitutional guarantee and its limitations. Q.17 “Freedom of speech can be restricted only in the interest of… • security of the state, public order, morality, defamation, etc.” • Elucidate with case laws on freedom of press. (UPJS 2015) Q.18 Write a note regarding involuntary subjection of a person to narco-analysis, polygraph, and brain mapping tests. • Refer to latest Supreme Court judgments. (RJS 2016) Q.19 Accused in a rape case refuses DNA profiling. • Can he claim protection under Article 20(3) – self-incrimination and Article 21 – right to privacy? • Decide the police application. (DJS 2006) Q.20 What is Double Jeopardy? Explain. (MPJS 2003) Q.21 Trace the development of the Fundamental Right to Life and Personal Liberty from 1950 to present. • What are the current contents of this right? Q.22 “Right to privacy is now fully recognised as a Fundamental Right in India”. • Explain. Q.23 Write a short essay on constitutional protection against Preventive Detention under Article 22. Q.24 “Secularism is often mistaken as non-religious.” • Explain the concept in light of Freedom of Religion. (UPJS 2006) Q.25 What is the constitutional concept of Minority? • What are the constitutionally guaranteed minority rights? Refer to case law. Q.26 What remedies can be enforced under Article 32 of the Constitution of India? (RJS 1986) Q.27 “A declaration of fundamental rights is meaningless unless there is an effective judicial remedy.” • Comment and explain judicial remedies under Indian Constitution. (UPJS 2016) Q.28 Write a critical essay on the relationship between Fundamental Rights and Directive Principles. (BJS 2017) Q.29 Are the Directive Principles of State Policy enforceable? (RJS 1984) Q.30 What provisions secure independence and impartiality of the judiciary in India? • Refer to important Supreme Court judgments. (UPJS 2016) Q.31 Describe the Fundamental Duties prescribed under Article 51A. (MPJS 2013) Q.32 Write a comprehensive note on Constitutional position of the Indian President before and after the 42nd Amendment Act. (BJS 1977) Q.33 Discuss the utility of the ‘anti-defection law’ in light of recent political developments. (UPJS 2006) Q.34 Is certification of a Bill by the Deputy Speaker valid? (BJS 1975) Q.35 What is a ‘Money Bill’? • What is the special procedure regarding Money Bills under the Constitution? (BJS 1978) Q.36 Whether a jurist can be appointed as a judge of the Supreme Court directly? (RJS 1984) Q.37 Write an essay on ‘Advisory Jurisdiction’ of the Supreme Court. • Discuss any one opinion under Article 143(1). (BJS 1979) Q.38 Discuss the original jurisdiction of the Supreme Court of India. (BJS 2000) Q.39 Discuss the powers of the President to consult the Supreme Court under Article 143. • Can the Supreme Court decline a reference? (UPJS 2003) Q.40 Discuss the following: (a) Public Interest Litigation (PIL) (BJS 2000) Q.41 What is the term of office of a member of State Legislative Council? (RJS 1986) Q.42 When can a Governor promulgate ordinances? (RJS 1986) Q.43 Who can transfer a judge of a High Court to any other High Court? (RJS 1988) Q.44 What are writs? • Discuss all the writs provided under the Indian Constitution. Q.45 Write a short note on Power of the High Courts to issue writs, directions and orders. (RJS 2014) Q.46 (a) State the circumstances under which Union Parliament can legislate on State List subjects. (b) Examine the significance of the rule of pith and substance in resolving conflicts between Union and State List entries. (BJS 1986) Q.47 What do you understand by Subordinate Legislation? (RJS 1986) Q.48 Explain relations between the Union and the States in legislative matters with reference to relevant Articles. (UPJS 2016) Q.49 What is the nature of the ‘Right to Property’ under the Indian Constitution?(RJS 2001) Q.50 What do you understand by the term ‘Act of State’? • How would you prove the fact of an Act of…
Mehr (Dower) in Muslim Law -Definition, Nature, Importance & Legal Aspects: Mehr, also known as dower, is an essential element of a Muslim marriage. It reflects the respect and responsibility of the husband towards his wife and is a legal obligation under Islamic law. This article explores the definition, nature, types, subject matter, and legal remedies related to Mehr or Mahr in Muslim law. • Definition of Mehr (Dower) Mulla defines dower as: “A sum of money or other property which the wife is entitled to receive from the husband in consideration of marriage.” According to K.P. Saxena: “Dower is a sum of money or any property promised by the husband to be paid to the wife as a mark of respect for the surrender of her person after the marriage contract.” ∆ Nature and Importance of Dower ✓ Islamic scholars and jurists differ on the exact nature of dower: • Justice Mitter in Saburannessa v. Sabdur Sheikh observed that marriage under Muslim law is a civil contract, but not like a contract of sale. • Fitzgerald rejected the view of dower being the bride’s price. • Baillie and Abdur Rahim emphasized that dower is an obligation imposed by law as a mark of respect for the wife. • Hedaya mentions: “Dower is enjoined by law as a token of respect for its object — the woman.” ✓ Dower is not a consideration for marriage but a symbol of honor and protection. ∆ Objectives of Dower in Muslim Law 1. To honor the wife by imposing a financial obligation on the husband. 2. To check arbitrary use of divorce by the husband. 3. To support the wife after dissolution of marriage (by death or divorce). ∆ Subject Matter of Dower Anything recognized as property can be a valid subject of dower. Examples include: • A handful of dates (Abu Daud) • A pair of shoes (Tirmizi) • Husband’s services (if he is a slave or agrees to serve) • Teaching the Quran (Traditions) ∆ Minimum & Maximum Amount of Dower • Hanafis: Minimum – 10 dirhams • Malikis: Minimum – 3 dirhams • Shafiis & Shias: No minimum ✓ Some Shia sects prefer not to exceed 500 dirhams, the amount fixed for Fatima (RA), daughter of Prophet Muhammad ﷺ. ∆ Types of Dower (Mehr) 1. Specified Dower (Mehr-i-Musamma) • Agreed upon at the time of marriage or after. • Subdivided into: • Prompt (Mehr Mu’ajjal) – Payable immediately on demand • Deferred (Mehr Mu’wajjal) – Payable on dissolution of marriage Note: • If no mention is made of prompt or deferred, Shia Law treats the entire dower as prompt, while Sunni Law refers to custom or status to divide the amount. 2. Unspecified Dower (Mehr-i-Misl) • Not fixed during or after marriage. • Determined based on: • Social status of wife’s family • Her age, beauty, intellect, character • Comparison with dowers of her female relatives • Conditions for Payment of Dower 1. If marriage is consummated & ends by death: • Full specified dower or proper dower is payable. 2. If marriage not consummated & ends by divorce: • Husband must pay half of specified dower (regular marriage). • If unspecified, a present of three articles is enough. 3. If wife seeks divorce or marriage is irregular: • No dower is payable. • Legal Remedies for Non-Payment of Dower 1. Right to Refuse Cohabitation • Before consummation, wife can refuse to live or cohabit until prompt dower is paid. • Court will not enforce conjugal rights unless dower is paid. (Case: Nasra Begum v. Rizwan Ali, AIR 1980 All 118) 2. Dower as Debt • Dower is treated as a legal debt. • Wife has equal rights with other creditors after husband’s death. (Case: Ameeroon Nissa v. Moorad Unnissa, 1855) 3. Right of Retention • Widow who lawfully possesses husband’s property can retain it until dower is paid. • She cannot transfer/sell the property. (Case: Maina Bibi v. Chaudhary Vakil Ahmad, 1925) • Conclusion Mehr is not merely a financial transaction; it is a moral, social, and legal obligation in Islam. It reflects the dignity of women, secures their future, and serves as a check on irresponsible marital behavior. Islamic law provides comprehensive safeguards to ensure that women are not deprived of their lawful rights. Start Your Preparation with TOA At Theory of Abrogation, we equip you with everything you need: •Subject-wise expert classes •Mock test series •Legal current affairs •Personalized mentorship for interview preparation “Your law degree is your foundation, but your preparation is what will build your success.” Join Our New Batch Now! Prepare smart. Prepare with Theory of Abrogation. Contact Us: 📍 B-109, Commercial Complex Dr. Mukherjee Nagar, Delhi-09 📞 +91 9971399324 | +91 8840961324 📧[email protected]
Important Questions on the Transfer of Property Act, 1882 The Transfer of Property Act, 1882 (TPA) is a significant legislation governing the transfer of property between living persons. Below are important and frequently asked questions for judicial services and other competitive exams, categorized for clarity: Short Notes-Based Questions 1. Write short notes on the following: • (a) Attestation • (b) Immovable Property • (c) Notice • (d) Actionable Claim • (e) Transfer of Property • (f) Gift Basic & Introductory Questions 2. What is “property” under the Transfer of Property Act, 1882? 3. How would you introduce the TPA to a new law student? 4. Define: • (a) Immovable property • (b) Attached to the earth • (c) Transfer of property Conceptual & Case Law-Based Questions 5. What is a transfer of property? • Is partition a transfer of property? • Discuss with the help of relevant case laws. 6. Eviction Petition Case Study X rents a room to Y for ₹3000/month for 3 years with 10% yearly rent hike. Before the third-year hike activates, X files for eviction under the Delhi Rent Control Act, 1958, claiming widowhood and personal necessity. Y contests jurisdiction, citing future rent increase would breach the Act’s ₹3500 limit.Can X maintain the eviction petition? Women’s Rights & Restrictions 7. Can a Pardanashin lady enter into a contract for the transfer of property? • What must the transferee prove in court? Bye-Laws vs. Statutory Law 8. “M”, a housing society member, sells a plot to “D”, a non-member. • The society bye-laws prohibit such a transfer. • M claims this restriction violates Section 10 of TPA. Decide the legality of this transfer. Exceptions & Doctrines 9. Does TPA allow exceptions to the rule: “No person can transfer a better title than he has”? • Justify with examples. 10. State the rule of transfer for the benefit of an unborn person with examples. Short Notes – Doctrinal Concepts 11. Write short notes on: • (a) Tenancy at Will • (b) Exchange • (c) Transfer by Act of Parties • (d) Restraint on Transfer (Section 10) • (e) Doctrine of Holding Out • (f) Lis Pendens • (g) Onerous Gift • (h) Determination of Lease • (i) Redeem Up, Foreclose Down • (j) Foreclosure • (k) Mortgage by Conditional Sale • (l) Subrogation Perpetuity & Interests 12. What is the Rule against Perpetuity (Section 14)? • How does it impact future sale agreements? 13. Vesting postponed until an event happens—explain exceptions to this rule. 14. Explain the Rule against Double Possibilities. • Can a valid transfer be made to an unborn person? What are the conditions? 15. Can a vested interest be created in favour of an unborn person? 16. Define and differentiate: • (a) Vested Interest • (b) Contingent Interest • (c) Conditional Transfer 17. Difference between Condition Precedent and Condition Subsequent. Advanced Doctrines 18. Doctrine of Cypres 19. Doctrine of Election and its exceptions 20. Explain: “No one can approbate and reprobate simultaneously” Ostensible Ownership & Estoppel 21. Who is an Ostensible Owner? • When is the transfer by ostensible owner binding? 22. Explain Feeding the Grant by Estoppel Lis Pendens & Execution Transfers 23. What is the doctrine of lis pendens? • Is it applicable: • (a) When a judgment debtor sells the property during execution? • (b) Where transfer was based on pre-existing rights? Fraud & Void Transfers 24. D satisfies debt of one creditor (C) by transferring all his property, leaving others (A & B) unpaid. • Can A and B declare the transfer void? 25. Law relating to Fraudulent Transfers. Doctrine of Part-Performance (Section 53-A) 26. What is the doctrine of part-performance incorporated in Section 53-A of the T.P. Act? 27. State and explain, giving suitable illustrations. Sale, Mortgage & Charge 28. Section 53-A of the Transfer of Property Act does not confer “title”. It enables a person without title to defend his “possession”. 29. Do you agree with the above statement? Give reasons for your answer with the help of decided cases. 30. Define the expression ‘Sale’, ‘Mortgage’ and ‘Mortgager’. 31. Distinguish between sale and exchange 32. What is sale? How is it effected? Whether a contract for sale itself create any interest in or charge on such property? 33. What is sale? Explain. Describe the rights and liabilities of a seller. 34. What are the rights and liabilities of buyer and seller under the Transfer of Property Act, 1882? 35. Explain the Doctrine ‘Once a mortgage always a mortgage’, and what do you mean by ‘clog on equity of redemption’. 36. Types of Mortgages 37. Distinction: Mortgage vs. Charge Mortgaged Property & Defenses 38. A mortgages property, B adds a second floor, A dies. Later, A’s son claims it belongs to a deity. • What defences are available to B? 39. Mutual rights and liabilities of Mortgagor and Mortgagee 40. What is the meaning of right of redemption? Who can exercise the right? Can the right be curtailed by a agreement between the parties? Discuss. 41. What do you understand by ‘clog on redemption’? Answer with illustrations. Does taking collateral benefit amount to clog on redemption? Examine the Indian position. 42. Explain with the help of illustration the doctrines of ‘Marshalling’ and ‘Contribution’. In case there is a conflict between these two then which doctrine shall prevail? [RJS 1988] 43. Explain these doctrines with illustrations. 44. Define Subrogation Gift – Essentials & Suspension 45. What are the formalities necessary for a valid gift by a Hindu, a Mohammedan and a Christian? 46. Define ‘Gift. What are the essentials of a ‘valid gift? When can a ‘gift’ be suspended or revoked? Discuss with the help of decided cases. 47. Define Actionable Claim and discuss the mode under Transfer of Property Act. 48. When may a gift be suspended or revoked? Can a Donor revoke a gift made by him after delivery of the Deed but before its Registration? Give reasons in support of your answer. Lease – Creation, Rights, Forfeiture…