Under the ordinary Hanafi rule of musha, how is a gift of an undivided share in divisible property…
Under the ordinary rule, a gift of an undivided share in divisible property is irregular. It can be perfected through partition and delivery of the gifted share.
Choose your answer
Under the ordinary Hanafi rule of musha, how is a gift of an undivided share in divisible property treated before partition and delivery, assuming no exception applies?
Answer and explanation
Correct answer B
Under the ordinary rule, a gift of an undivided share in divisible property is irregular. It can be perfected through partition and delivery of the gifted share.
Option feedback
Option A
The general rule requires more than the declaration for an undivided share of divisible property.
Option B
The gift is irregular. Subsequent partition and delivery can perfect it.
Option C
The gift can be perfected, so the defect does not make it permanently void.
Option D
The gift is an inter vivos disposition. The relevant steps are partition and delivery.
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