Legal Training Center

A „gift‟ is a transfer. But it does not contain any element of consideration. Complete absence of monetary consideration is the main, hallmark, which distinguishes a „gift‟ from a grant, sale, exchange, or any other transactions for valuable or adequate consideration. Where there is any equivalent of benefit measured in terms of money in respect of a „gift‟, the transaction ceases to be a „gift‟. Love, affection, spiritual benefit and many other factors may enter in the intention of the donor to make a „gift‟. The word 'consideration' has not been defined in the T.P. Act, but means the same as in the Contract Act excluding natural love and affection. If not, and if the transfer involved consideration, the transaction would amount to a sale within the meaning of sec. 54 or to an exchange within the meaning of sec. 118. The essence of a „gift‟ inter vivos must be without 'consideration' of the nature defined in sec. 2(d) of the Contract Act. A „gift‟ in lieu of conferring spiritual benefit to the donor is not a transfer with consideration, but is to be treated as a„gift‟. Where a mother „gift‟s property to her only daughter, who promises to maintain the former throughout her life, the promise is not enforceable in law because the „gift‟ has to be for natural love and affection and not for any consideration. A minor may be a donee and the minor's natural guardian can accept the „gift‟ on behalf of the minor. But if the „gift‟ is onerous, the obligations cannot be enforced against the minor during his minority. But on his attaining majority, the minor must accept the burden or return the „gift‟. The donee can even be a child in its mother's womb

The concept of Gift, or Hiba in Muslim law has existed from the very inception of the religion, circa. 600 A.D. While Muslim Law has not been shown to recognise the differentiation of land into estates, it does recognise the difference between the ownership of the land and the right to enjoy it. Unlike English Law, ownership comes only with the full deed of the land and not with the simple possession or temporary tenancy. Hiba is only one of the aspects covered by the Transfer of Property Act under the term ‘gift’. It is the transfer of the property and all rights along with it, without expectation of any compensation. The term Hiba has been defined in several aspects by the courts of India and, pursuant to this, the term has also been seen to exclude all nature of services, for services do not exist at the time of the promise- they can only be performed after the promise to perform is made, which implies that the same cannot fall under the definition of Hiba which requires the object to be in physical existence at the time of the gifting. It has been widely construed that the term mal has to apply to the object so gifted for the laws of Hiba to apply. Surprisingly enough, all gifts are revocable before the actual transfer of property is made (i.e.) any person can unilaterally revoke his or her promise to gift before the promise is fulfilled. After possession, the laws of revocation differ between Sunni and Shi’a laws. INTRODUCTION Gift is a transfer of property where interest is transferred from one living person to another, without any consideration. It is a gratuitous and inter vivos in nature.

Hanfi LawAll the five schools of fiqh concur that marriage is performed by the recital of a marriage contract which contains an offer made by the bride or her deputy (na'ib), such as her guardian or agent (wakil), and a corresponding acceptance by the groom or his deputy. A mere agreement without the recital of the contract does not amount to marriage. The schools also agree that a marriage contract is valid when recited by the bride or her deputy by employing the words, ankahtu or zawwajtu (both meaning. I gave in marriage) and accepted by the groom or his deputy with the words, 'qabiltu' (I have accepted) or 'raditu' (I have agreed). The schools of fiqh differ regarding the validity of the contract when not recited in the past tense or recited by using words other than those derived from the roots al-zawaj and al-nikah, such as, al-hibah and al-bay'. The Hanafi’s say: A marriage contract is valid if recited by any word conveying the intention of marriage, even if the words belong to the roots al-tamlik, al-hibah, al-bay', al-'ata, al-'ibahah and al-'ihlal, provided these words indicate their being used for the purpose of marriage. But the contract will not conclude if the word used are derived from al-'ijarah (hiring) and al-'i'arah (lending), because these words do not convey the meaning of perpetuity and continuity. They have based their argument on this narration from the Sahih al-Bukhari and the Sahih Muslim. A woman came to the Prophet (s) and said: "O Apostle of Allah. I have come to offer myself to you." On hearing this, the Prophet (s) lowered his head and did not reply. Then one of those present said: "If you do not want her marry her to me." The Prophet (s) asked him: "Have you anything?" He replied, "By God. I have nothing." Again the Prophet asked him. "Have you any knowledge of the Qur'an?" He replied regarding the extent of his knowledge of the Qur'an. Then the Prophet said. "I make her your property in exchange for your knowledge of the Qur'an" (using the word mallaktul)1. The Maliki’s and the Hanbali’s say: The contract is valid if recited by using the words al-nikah and al-zawai or their derivatives and is also valid when the word used is al-hibah, with the condition that the amount payable as dower (mahr or sidaq) is also mentioned. Words other than these cannot be used. They have based their argument for the use of the word al-hibah on this verse of the Qur'an (see Abu Zuhrah. al-'Ahwal al-shakhsiyyah [1948] p. 36):

Hanfi LawAll the five schools of fiqh concur that marriage is performed by the recital of a marriage contract which contains an offer made by the bride or her deputy (na'ib), such as her guardian or agent (wakil), and a corresponding acceptance by the groom or his deputy. A mere agreement without the recital of the contract does not amount to marriage. The schools also agree that a marriage contract is valid when recited by the bride or her deputy by employing the words, ankahtu or zawwajtu (both meaning. I gave in marriage) and accepted by the groom or his deputy with the words, 'qabiltu' (I have accepted) or 'raditu' (I have agreed). The schools of fiqh differ regarding the validity of the contract when not recited in the past tense or recited by using words other than those derived from the roots al-zawaj and al-nikah, such as, al-hibah and al-bay'. The Hanafi’s say: A marriage contract is valid if recited by any word conveying the intention of marriage, even if the words belong to the roots al-tamlik, al-hibah, al-bay', al-'ata, al-'ibahah and al-'ihlal, provided these words indicate their being used for the purpose of marriage. But the contract will not conclude if the word used are derived from al-'ijarah (hiring) and al-'i'arah (lending), because these words do not convey the meaning of perpetuity and continuity. They have based their argument on this narration from the Sahih al-Bukhari and the Sahih Muslim. A woman came to the Prophet (s) and said: "O Apostle of Allah. I have come to offer myself to you." On hearing this, the Prophet (s) lowered his head and did not reply. Then one of those present said: "If you do not want her marry her to me." The Prophet (s) asked him: "Have you anything?" He replied, "By God. I have nothing." Again the Prophet asked him. "Have you any knowledge of the Qur'an?" He replied regarding the extent of his knowledge of the Qur'an. Then the Prophet said. "I make her your property in exchange for your knowledge of the Qur'an" (using the word mallaktul)1. The Maliki’s and the Hanbali’s say: The contract is valid if recited by using the words al-nikah and al-zawai or their derivatives and is also valid when the word used is al-hibah, with the condition that the amount payable as dower (mahr or sidaq) is also mentioned. Words other than these cannot be used. They have based their argument for the use of the word al-hibah on this verse of the Qur'an (see Abu Zuhrah. al-'Ahwal al-shakhsiyyah [1948] p. 36):

In Hanafi law, the husband proposes dissolution, and the wife accepts it at the same meeting. The proposal and acceptance need not be in any particular form. The contract itself dissolves the marriage and operates as a single talaq-i-bain, and its operation is not postponed until the execution of the khu’-nama. In Ithna ‘Ashari law, as is to be expected, certain forms are to be strictly followed and witnesses are required. In khul’ the wife makes some compensation to the husband or gives up a portion of her mahr; but this is not absolutely necessary. The Egyptian code of Hanafi Law, Art. 275, based upon the classical authorities, lays down: ‘ A khul’ repudiation can validly take place before or after consummation by the wife. Abu Hanifa holds that, in the absence of agreement, mahr is deemed to be relinquished by the wife both by khul’ and by mubara’a. Imam Abu Yusuf lay down that mahr is deemed to relinquish by mubara’a, but not by khul’. Imam Muhammad holds that mahr is deemed to be relinquished neither by khul’ nor by mubara’a. Khul’ and mubara’a operate as a single, irrevocable divorce. Therefore, marital life cannot be resumed by mere reconciliation; a formal remarriage is necessary. In either case, ‘idda is incumbent on the wife, and in the absence of agreement. 4. Dissolution by judicial process i Li’an (Mutual Imprecation) Divorce by mutual imprecation is mentioned in the Quran and is supported by the traditions of the Holy Prophet (PBUH). It is reported that a man from the Ansar accused his wife of adultery. The Holy Prophet (PBUH) thereupon asked them both to take an oath; then he ordered them to be separated from each other. The procedure of Li’an may be described briefly as follows: A husband accuses his wife of adultery, but is unable to prove the allegation. The wife in such cases is entitled to file a suit for dissolution of marriage. At the hearing of the suit, the husband has two alternatives: a He may formally retract the charge. b The husband may, however, not retract and, if he persists in his attitude, he is called upon to make certain oaths. This is followed by oaths of innocence made by the wife. After these mutual imprecations, the judge pronounces that the marriage is dissolved. c No appeal can be filed against the decree of the court on this ground i.e. lian. 5. Judicial Rescission a Faskh The word Faskh means annulment or abrogation. Hence it refers to the power of the Muslim Qazi to annul a marriage on the application of the wife. The law of faskh is founded upon the Quranic injunction. Abdullah Yusuf: “The act, applies to every Muslim, to whatever school of law he belongs.” b The Dissolution of Muslim Marriages Act 1939: Section 2 lays down that even a single ground mentioned in the i. Missing Husband The wife is entitled to obtain in a decree for the dissolution of her marriage if the whereabouts of the husbands have not been known for a period of four years; but a decree passed on this ground will not take effect for a period of six months form the date of such decree, and if the husband appears either in person or through an authorized agent within that period and satisfies the Court that he is prepared to perform his conjugal duties, the court must set aside the decree. ii. Failure of maintain If the husband has neglected or has failed to provide for the wife’s maintenance for a period of two years, Section 2(ii) has been the cause of a difference of judicial opinion. In Fazal Mahmud v. Ummatur Rahim, a Peshawar case, it was held that the section does not abrogate the general principles of Islamic law; therefore, before a husband can be said to have neglected or failed to provide maintenance, it must be shown that the husband was under as legal duty to provide such maintenance. Where the wife refuses to reside with her husband or fails to discharge her marital obligations, without any reasonable cause, she can not claim maintenance, and therefore she is not entitled to divorce. The Singh High Court has taken a different view. In Nur Bibi v. Pir Bux (AIR 1950) Sindh 8., it was laid down that where a husband has failed to provide maintenance for his wife for a period of two years immediately preceding the suits, the wife would be entitled to a dissolution of her marriage under section 2(ii) of the Act, in spite of the fact that on account of her conduct in refusing to live with her husband, she would not have been entitled to enforce any claim for maintenance against the husband in respect of the period during which the husband has failed to maintain her.

Objection Petition by Third Party

Examination of Witnesses in Civil Cases

Appeal & Revision in Civil Cases

Execution of Decree Part 1

Resistance to Execution of Decree Part 2

Principal of Restitution U/S 144 by Mutahir Tirimzi Adv

Civil Appeals & Lis Pendens By Nadia Siddique Siraj

Interpleader suit by Mutahir Tirimzi Adv

Attachment in Execution Part 1

Attachment in Execution Part 2

Burden of proof in criminal cases

Arbitration and agreement

Limitation Act Section 6 by Mutahir Tirimzi sb

Creation of Agency

Rights and Title | Part 2

Novation of Contract by Mutahir Tirmizi adv

Modern devices such as smartphones, computers, tablets, and other electronic devices can be a valuable source of evidence in legal cases, investigations, and disputes. Here are some ways that modern devices can be used to obtain evidence: Digital forensics: Digital forensics involves the collection, analysis, and preservation of electronic data from devices such as smartphones, computers, and other digital devices. Digital forensics experts can extract data from these devices, including text messages, emails, call logs, photos, videos, and other files that can be used as evidence in legal cases. Surveillance: Modern devices, such as security cameras and GPS trackers, can be used for surveillance. Surveillance footage or data from GPS trackers can be used as evidence in cases involving stalking, harassment, or other crimes. Social media: Social media platforms such as Facebook, Twitter, and Instagram can be a rich source of evidence in legal cases. Lawyers and law enforcement can obtain evidence from social media accounts, including posts, photos, and messages that may provide valuable information for investigations. Voice assistants: Smart speakers such as Amazon Echo and Google Home can record audio of conversations that take place in their vicinity. This audio can be used as evidence in legal cases or investigations. Wearable technology: Wearable technology such as fitness trackers, smartwatches, and health monitoring devices can provide data on a person's physical activities and location. This data can be used as evidence in legal cases such as personal injury claims or criminal investigations. It's important to note that the use of modern devices to obtain evidence must be done legally and ethically. Law enforcement agencies and other parties must follow proper procedures and obtain proper legal authorization to collect and use evidence from electronic devices.

Complete Order Sheet after amendment by Pervaz Iqbal Sipra sb D&Ss Judge

It's Syed Wajdan Rafay Bukhari, serving as a Lecturer in Law at University Law College, University of Sargodha. Gold Medlaist of LL.B Honors from BZU Multan. Gold Medalist of LLM Interntional Law from International Islamic University, Islamabad. This channel is created for CSS aspirants particularly for those who will opt the International Law, LL.B students and International Relations students. The purpose of channel is to spread knowledge of international law in an easy manner. Best of Luck.

The Punjab Partition of Immovable Property Act by Chaudhry Ismail Tasleem Akhtar (Senior Civil Judge) #CivilJudge #Judge #PropertyAct #Property #Punjab #ImmovablePropertyAct