Supreme Court of India
V. Sreerama Chandra Avadhani (d) by Lrs. v. Shaik Abdul Rahim and Anr.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We are of the view that the same contemplates the transfer of the corpus and not the usufruct.
Judgment, page 22
From the headnote
c Mohammedan Law - Gifts (hiba) - Conditional gifts - Nature and effect of- Held: Under Mohammad an Law, a gift has to be unconditional - Therefore, conditions expressed · in a gift, are to be treated as void - conditional gift is valid, but the conditions are void - Conditions are however 0 permissible, ifthegiftismerelyofausufruct-Therefore, the gift of a usufruct can validly impose a limit, in point of time (as an interest, restricted to the-life of the donee) - In a gift · which contempiates the transfer of the corpus, there is no question of such transfer being cenditional - The transfer
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