Under Muslim law, a donor makes an otherwise complete gift of the corpus and adds a condition…
A completed gift of the corpus takes effect and a condition repugnant to the donee’s absolute dominion is void. The Privy Council distinguished a gift of the corpus from a…
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Under Muslim law, a donor makes an otherwise complete gift of the corpus and adds a condition inconsistent with the donee’s absolute dominion. What is the effect of that condition?
Answer and explanation
Correct answer B
A completed gift of the corpus takes effect and a condition repugnant to the donee’s absolute dominion is void. The Privy Council distinguished a gift of the corpus from a grant of usufruct in Nawazish Ali Khan v. Ali Raza Khan. A valid Muslim gift ordinarily requires declaration, acceptance and delivery of possession.
Option feedback
Option A
Incorrect. The repugnant condition fails while the completed gift of the corpus stands.
Option B
Correct. A completed corpus gift survives the ineffective condition.
Option C
Incorrect. The repugnant condition cannot postpone title to the otherwise completely gifted corpus.
Option D
Incorrect. The otherwise complete gift takes effect without performance of the repugnant condition.
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