Void Gifts

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Void gifts are of following types

  1. Gift to unborn
  2. Gift in future
  3. Contingent gift
  4. Gift with a condition
  5. Gift of Musha

Gift to unborn

Gift to an unborn person is void because donee’s acceptance is one of the essential for a valid gift. When the donee is not in existence, his consent cannot be obtained.

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A life interest in favour of a person not in existence is permissible provided he comes in existence when such interest opens out.

Gift in future

Gift in future is void as the subject matter of the gift must be actually in existence at the time of making the gift.

Contingent gift

These kind of gifts are void because they depend on happening and non-happening of event.

Gift with a condition

Such gifts are void because when a gift is subject to a condition which derogate it from completeness, The gift is valid but the condition is void, the gift will take effect as if there is no condition attached to it.

In re Khayrunnissa(1955), where the power of alienation of the donee is restricted such restriction is invalid under Mohammaden Law.

Gift of Mushaa

Mushaa means undivided share in the property. Gift of an undivided share in a divisible property is irregular according to Hanafi Law but can be validated by separation and delivery of possession.

Gift of undivided share in an indivisible property is valid according to all school of Muslim Law.

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