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Gift under Muslim Law (UGC/NET)

Description: Legal aptitude
Number of Questions: 15
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Tags: Legal aptitude Concept in Family Law
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Which of the following properties cannot be gifted?

  1. Mahr

  2. Right to collect rent

  3. Copyright

  4. Services

  5. All of the above


Correct Option: D
Explanation:

A gift will not be valid without delivery of possession.

Which of the following is a gift with religious motive under Muslim law?

  1. Sadaquah

  2. Hiba-il-iwaz

  3. Hiba-ba-shart-ul-iwaz

  4. Areeat

  5. None of these


Correct Option: A
Explanation:

Sadaquah is a gift with a religious motive to acquire merit in the eyes of the lord and a recompense in the next world.

Which of the following gifts is/are valid under Muslim law?

  1. Contingent gift

  2. Gift in future

  3. Conditional assignment of a life insurance policy

  4. All of the above

  5. None of these


Correct Option: C
Explanation:

If the donor attaches a condition to his gift, the condition is void and the gift takes effect unconditionally.

Which of the following is correct in relation to the capacity of a donee to accept a gift?

  1. Muslim

  2. Heir

  3. Major

  4. Natural person

  5. None of these


Correct Option: E
Explanation:

All of the above are not complete.

Which of the following is/are gift(s) for consideration under Muslim law?

  1. Hiba

  2. Areeat

  3. Hiba-bil-iwaz

  4. All of the above

  5. None of these


Correct Option: C
Explanation:

Hiba-bil-iwaz literally means a gift for an exchange. 

Which of the following gifts is/are valid under Muslim law?

  1. By a pardanashin lady

  2. To an unborn child

  3. To a dead person

  4. All of the above

  5. None of these


Correct Option: A
Explanation:

Under Muslim law, an act of making a gift should fulfil three conditions, a declaration by donor, acceptance by the donee and delivery of possession by the donor and taking of it by the donee.

By which of the following statutes are gifts in India generally governed?

  1. Indian Succession Act

  2. Transfer of Property Act

  3. Shariat law

  4. Hindu Succession Act

  5. None of these


Correct Option: B
Explanation:

Chapter VII of the Transfer of Property Act deals with gifts in India. 

Which of the following conditions is/are essential for a gift under Muslim law?

  1. Declaration

  2. Acceptance

  3. Delivery of possession

  4. All of the above

  5. None of these


Correct Option: D
Explanation:

Declaration of a gift, acceptance of a gift and delivery of possession are essential conditions of a gift under Muslim law.

Which of the following is not an essential condition of a gift (hiba) under Muslim law?

  1. Offer and acceptance

  2. Voluntary and unconditional

  3. Immediate transfer of property

  4. Consideration

  5. None of these


Correct Option: D
Explanation:

A hiba or simple gift made gratuitously between living persons literally means the donation of a thing.

Which of the following is incorrect in relation to Hiba-bil-iwaz?

  1. Sale

  2. Revocable after the payment of Iwaz

  3. Musha is lawful

  4. No delivery of possession

  5. None of these


Correct Option: B
Explanation:

When the gift (hiba) is delivered and the donor has accepted the consideration (iwaz), it becomes irrevocable. 

Which of the following requirements must a donor of a gift possess?

  1. Sound mind

  2. Ownership over property

  3. Voluntary

  4. Free consent

  5. All of the above


Correct Option: E
Explanation:

All of the above

In which of the following cases is a gift of mushaa or doctrine of mushaa inapplicable?

  1. One heir to another

  2. Share of land in a zamindari

  3. Share in freehold property in a commercial town

  4. All of the above

  5. None of these


Correct Option: D
Explanation:

All of the above are examples where property is undivided.

When can a gift be revoked under Sunni law?

  1. Before the delivery of possession

  2. After the delivery of possession

  3. Anytime

  4. All of the above

  5. None of these


Correct Option: D
Explanation:

A gift can be revoked by the donor anytime whether before or after the delivery of possession of the gift is made.

What do you mean by 'Mushaa' under Muslim law?

  1. Undivided share in property

  2. Divided share in property

  3. Compensation in lieu of share

  4. Both (2) and (3)

  5. None of these


Correct Option: A
Explanation:

Under Muslim law, Mushaa means an undivided share in property.

In which of the following cases is a gift absolutely irrevocable?

  1. Gift by husband to wife

  2. Sadaquah

  3. When gift is sold

  4. All of the above

  5. None of these


Correct Option: D
Explanation:

All the gifts made above are irrevocable under Sunni law.

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