The Punjab Record; Or, Reference Book for Civil Officers

The Punjab Record; Or, Reference Book for Civil Officers : Containing the Reports of Civil and Criminal Cases Determined by the Chief Court of the Punjab and Decisions by the Financial Commissioner of the Punjab Volume 30, PT. 1

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1896 edition. Excerpt: ...father and collecting rents for him. It is dated 3rd October 1875, and is sealed as well as signed by Khuda Bakhsh and marked by Mussanimat Anwar Johan Begam. The document is provcd by the statements of Abdul Ghafur, Rahim Bakhsh, Karim Bakhsh, defendant, and Shambu Dyal, and may be accepted as genuine. But there is no satisfactory evidence as to Khuda Bakhsh's state of body and mind at the time. Khuda Bakhsh, as thefather, was a. guardian for the property of the miner, and had more authority over it under Mnhammadau law than any other guardian would have had, but inasmuch as the gift acquired the character of a will after. the donor's death, the acceptance was of no avail for defendant in his lifetime. Plaintiff's right to inherit had not then accrued, and the act of his guardian, even if lawful, cannot bar his suit. This, which is the view of most authorities on Muham. madan law, (see Baillie's Digest, p. 625, and Hamilton's Hidaya by Grady, p. 671; Tagore Law Lectures, 1874, pp. 45, 46), has been accepted by the Law Courts. (See XV W. R., I416; ll M. H. C. Rep., 350). The opinion of some Jurists that such consent is binding, if given during the death-illness of the testator, quoted by Mr. Amir Ali, cannot be regarded as authoritative. In particular it cannot apply in the present case where the gift assumed the character of a will only after the donor's death, and would have been valid without any consent of the heirs, had he recovered or survived the gift a whole year. The evidence under the second head consists of a mortgage effected by plaintiffs mother of plaintiffs share of a portion of the muafi property gifted to him, presumably property No. 15 of the plaint, on llth December 1879. See page 251, Chief Court Record, D...
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Product details

  • Paperback | 336 pages
  • 189 x 246 x 18mm | 599g
  • United States
  • English
  • black & white illustrations
  • 1236886224
  • 9781236886224