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Legal Provisions Regarding Gifts of Future Property under Muslim Law

January 10, 2019 0 Comment

Thus, a gift of fruits “that may be produced in my palm tree this year” is void, being the gift of future property. Similarly, a gift with these words, “so long as I live, I shall enjoy and possess the properties and I shall not sell or make gift to anybody, but after my death, you will be the owner” is void, since it is not to operate until after the death of the owner.

However, a gift of the right to receive specified share in offerings made by pilgrims at a shrine is valid, since the thing that is gifted is “the right of the donor to receive a fixed share in the offerings after they have been made”. Similarly, a gift of the future revenue of the land is valid, as it is the gift of the usufruct.

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