Df Mulla Muhammadan Law PDF Free Download

Df Mulla Muhammadan Law PDF Download Info

Df Mulla Muhammadan Law PDF Free Download, Mulla?s Principles Of Mahomedan Law Reviews & Ratings.

Df Mulla Muhammadan Law PDF Free Download

Bye In International Law House And Get Free Gift Advocate Uniform Internationals 15.inch Bands. Most Exhaustive Analytical And Critical Commentary On Muslim Law In India With A Thorough Discussion On Sources,schools,muslim Sects & Sub-sects,

Conversion,nikah, Mehr, Talaq, Guardianship, Maintenance, Gift, Will, Wakf, Marz-ul-maut And Principles Of Succession And Inheritance.

Principles Of Muhammadan Law By D F Mulla. This Work Has Been Manually Deigned For The Use ‘of Students, As A Guide To Their Study Of Mahomedan Law. Hence, For A Speedy And Convenient Grasp Of Its Principles?, I Have Cast Them In A Series Of Distinct Propositions, Systematically” Arranged In The Order Of Collective Sections, Illustrated By Decided Cases Applicable To Each Section.

The Language Of Judgments To Be Found In The Recognized Reports So Far As Practicable, Been Faithfully Reproduced In The Statement Of Each Proposition, In Order To Impart To. It The Imprimatur Of Authoritative Law, And Where Such Sources Have Failed, I Have Fallen Back Upon The Translations Of The Hadiths And The Fatwas.

Alumgiri, With Such Modifications As Were Necessary Or Proper For The Requirements Of Modern Law. The Alliterative Cases Have Likewise Been Imported,almost All,from The Same Reports Throughout The Work, Except In The Chapter On Inheritance. There Is A Citation Of Authority For Every Proposition I Have Set Out ; And No Important Decisions Have Been Missed, While Enactments Amending Or Repealing The Ancient Rules Have Been Noted In Their Appropriate Place.

I Have Fallen Back Upon The Translations Of The Hadiths And The Fatwas. Alumgiri, With Such Modifications As Were Necessary Or Proper For The Requirements Of Modern Law. Principles Of Mahomedan Law By D.f Mulla The Alliterative Cases Have Likewise Been Imported,almost All,from The Same Reports Throughout The Work, Except In The Chapter On Inheritance.

Principles Of Muhammadan Law By D F Mulla There Is A Citation Of Authority For Every Proposition I Have Set Out ; And No Important Decisions Have Been Missed, While Enactments Amending Or Repealing The Ancient Rules Have Been Noted In Their Appropriate Place. I Have Fallen Back Upon The Translations Of The Hadiths And The Fatwas.

Alumgiri, With Such Modifications As Were Necessary Or Proper For The Requirements Of Modern Law. The Alliterative Cases Have Likewise Been Imported,almost All,from The Same Reports Throughout The Work, Except In The Chapter On Inheritance.

There Is A Citation Of Authority For Every Proposition I Have Set Out ; And No Important Decisions Have Been Missed, While Enactments Amending Or Repealing The Ancient Rules Have Been Noted In Their Appropriate Place. Principles Of Muhammadan Law By D F Mulla.

Wassiyat

Under Muslim law will is known as Wasiyat. A person who will is called testator. Will means strength of mind. Tyabi defines will as legal declaration of the intention of a testator with respect to his property which he desires to be carried after his death.

Capacity to make a will:

1. Must be a Muslim.
2. Must be a major who has attained 18 years of age.
3. Must be person of unsound mind.

Forms of Will

Under Muslim law there is no particular form of a will. It need not be in writing. It may be either orally or in writing. A written will is always being treated as a complete will.

Limitations to dispose the property

A Muslim is allowed of will to dispose only 1/3rd of the net assets after allowing for the debts and funeral expenses of the testator. Any will made in favour of one of his heirs in voidable at the option of his remaining heirs. Under Muslim law a man is not allowed to dispose of his whole property. His power to dispose the property by will is limited in two ways.

1. He cannot bequeath more than 1/3rd of the net assets.
2. He cannot bequeath to his own heirs.

The testator who disposes of more than 1/3rd of the property can be legalized after obtaining the consent of the remaining heirs. Such consent may be expressed or implied. Under Muslim law a testator is not permitted to alter the provisions of the will executed by him. The alteration in the will clearly indicated that the testator has changed his intention and therefore, the will be treated as revoked.

Indian Succession Act, 1925 – (Will)

Will means a legal declaration of the intention of a testator with respect to his property, which he desires to be carried into effect after his death.
Will is a testamentary document. A will declares the person’s intention to be performed after his death. Hence it will take effect only from the date of the testator. Section 2(h) defines will. A legal declaration of the intention of a testator with respect to his property, which he desires to be carried into effect after his death.

Essential characteristics of a will

1. Legal declaration by the maker
2. The declaration must relate to his property
3. It must take effect only after the death of the maker.
4. It must be revocable during the lifetime of the maker.
5. A competent person must execute it.

Capacity of making will

According to Section 59 every person of sound mind not being a minor may dispose of his property by will. Codicil means addition or supplement. It modifies a will. Codicil is an instrument dame in relation will and explaining, altering or adding to its dispositions. Sometimes the maker of a will may prefer to alter or amend the will executed by him. Law permits the maker to make alterations to the will.

Types of legacies

1. Specific legacy (Section 142)
2. Redemption of legacy (Section 152)
3. Demonstrative legacy. (Section 150)

Kinds of will

1. Sham will
2. Helograph will
3. Nungupative will
4. Conditional will
5. Contigent will
6. Privileged will
7. Unprivileged will

Domicile

Meaning of domicile is residence or place. Indian Succession Act defines domicile. This is applicable to:

1. European by birth
2. Indian Christian
3. Parsi
4. Hindu by conversion

Kinds of domicile

Section 7 to 8 – by birth i.e., origin
Section 10 to 13 – domicile by choice
Section 14 to 18 – domicile by operation of law.

Probate And Grant Of Administration

Probate means the copy a will certified under the seal of a court of competent jurisdiction with a grant of administration to estate of the testator.

(Section 2(f)) Administrator means a person appointed by competent authority to administer the esgtagte of a deceased person when there is no executor.

(Section 2(a)) Executor means a person to whom the execution of last will of a deceased person is, by the testator’s appointment, confided.

(Section 2(c)) According to section 22 probates can be granted only to the executor appointed, expressly or impliedly by the will. An application for probate is made by a petitioner to the district judge within whose jurisdiction the testator at the time of his death had a fixed place of abode or had left some part of his property. According to section 223 probate cannot be granted to any person who is a minor or of unsound mind or to any association of individuals. According to section 227 probate of a will when granted establishes the will from the death of the testator and renders valid all intermediate acts of the executor as such. According to section 236 the letters of administration cannot be granted to any person who is a minor or of unsound mind nor to any association of individuals unless it is a company.

Succession Certificate

Succession certificate means a certificate granted by the court with respect to any debts or securities to which person has become entitled as result of succession to another. Security means any promissory note, debenture, stock, any bond etc.

Section 371 the District Judge within whose jurisdiction the deceased ordinarily resided or found at the time of his death, may grant a succession certificate. A succession certificate can be granted in the following case.

1. When probate or letters of administration is not compulsory.
2. When the deceased is an Indian Christian.
3. When the deceased is a Mohammedan.
4. When the decease is a Hindu and has left a will and probate.
5. When the Hindu joint family property passes by survivorship.

Where the law requires probate or letters of administration compulsorily, a succession certificate cannot be granted. The certificate shall specify the debts and securities and may empower the person to receive interest or dividends or to negotiate or transfer or both to receive interest or dividends on and to negotiate or transfer the securities any of them.

Gift (Hiba)

The meaning of Hiba is gift. Hiba is a transfer of property made immediately without any exchange by one person to another and accepted by or on behalf of the later.

Donor:

The maker or founder of the gift.

Donee:

One who receives the property or gift or he is beneficiary.

Gift to unborn person:

The gift made to unborn person or not in existence, the that gift is not valid not yet in existence.

How gifts are made: Offer and acceptance

1. Declaration of gift by the donors
2. Acceptance of gift by the donee
3. Delivery of possession immediately
4. Registration (if the property is immovable then registration is compulsory).

Kinds of Gift

1. Conditional Gift
2. Future Gift
3. Contingent Gift

Conditional Gift:

X is the donor gives the immovable property. Y is done he gave conditions to enjoy the property during his life time, but no right to mortgage or lease or to sell this. This gift is totally invalid.

Future Gift:

X donor gave agriculture property to Y donee. Its act of god. Its invalid.
Contingent Gift: May or may not happen. On the happening of the specified event. Illustration: i. If I die it’s yours ii. If you die it’s mine. If the gift is like this then it’s invalid.

Exceptions

Delivery of possession immediately is not necessary;

1. Guardian (in case of minor)
2. Where the donor and donee resides in the same house.

Mushaa

Meaning of Mushaa is undivided share. Schedule of property is not mentioned.

Classification of Hiba or Classification of Gift

1. Sadaqa
2. Hiba – bil – iwaz
3. Hiba – ba – sharat – ul – iwaz
4. Areeat.

1. Sadaqa: Meaning of sadaqa is pious or charitable ( purposes ) Act. A gives B Rs. 10,000 for purchasing books is called sadaqa. Hiba is secular one. But this sadaqa is only for religious purposes.

2. Hiba – bil � iwaz: Hiba is a gift by donor to donee, iwaz – return gift by donee to donor. Hiba – bil – iwaz means gift with return gift. Gift need not be exact price. It may be small amount. So, it is not a sale.

3. Hiba – ba – sharat – ul � iwaz: Hiba – ba – sharat – ul – iwaz means gift with stipulation (compelling ), covenant or contract.

4. Areeat: Areeat means temporary licence to enjoy the profit. This is revocable at any time without any payment.

According to Section 122 of the Transfer of Property Act, Gift is the transfer of certain existing movable or immovable property made voluntarily and without consideration by one person called the donor, to another called the donee and accepted by or on behalf of the done. Such acceptance must be made during the life-time of the donor and while he is still capable of giving and if the donee dies before acceptance, the gift is void.