A Muslim donor completes a gift of full ownership in an existing property, but adds a condition…
Nawazish Ali Khan v. Ali Raza Khan distinguishes a gift of the property itself from a grant of limited enjoyment. For a completed gift of the property itself, a condition…
Choose your answer
A Muslim donor completes a gift of full ownership in an existing property, but adds a condition forbidding the donee ever to transfer it. If the condition is repugnant to the grant, what is the effect under the Muslim-law rule discussed in Nawazish Ali Khan?
Answer and explanation
Correct answer D
Nawazish Ali Khan v. Ali Raza Khan distinguishes a gift of the property itself from a grant of limited enjoyment. For a completed gift of the property itself, a condition inconsistent with the absolute ownership granted is rejected while the gift takes effect.
Option feedback
Option A
Incorrect. A repugnant restriction need not defeat a completed gift of full ownership.
Option B
Incorrect. The condition does not convert the transfer into a lease.
Option C
Incorrect. The repugnant condition fails without a later withdrawal.
Option D
Correct. The condition is rejected and the gift of the property stands.
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