Download Digest of Moohummudan Law on the Subjects to Which It Is Usually Applied by British Courts of Justice in India Book in PDF, ePub and Kindle
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. 1887 edition. Excerpt: ... at a time when he was actually proprietor, while those for the deposit merely testify to it in general terms, the witnesses produced by the shufee are to be preferred, and there is no occasion for any reference to the alleged depositor. For, though the property were deposited, it might be subsequently purchased from the owner by the trustee. Fifth. If both the seller and purchaser of a share in Concurjoint property unite in declaring that the price was usurped, "Teller while the shufee denies the assertion, his word is to be and purcredited without any necessity for his oath, unless they JjJ t0 assert his knowledge of the usurpation.4 the shu fee't right. 4 The price may have been "an animal, or a piece of cloth, or a jewel," (ante, p. 183, ) and so have been usurped, in which case the sale would be invalid, a d if so there could be no right of shoofd, but the concurrence of the seller and purchaser as to that fact is not proof against the shufee. BOOK IV. OF HEBBAT, OR GIFTS. CHAPTER I. INTRODUCTORY. lTeba, or gift, is a contract by which the property of a Definisubstance 1 is transferred immediately and unconditionally, tlonwithout any exchange, and free from any pious or religious purpose on the part of the donor;2 and it is sometimes termed in law nuhulut and dtoeut. This contract requires How condeclaration and acceptance, with seizin or taking posses-stitutedsion.3 By declaration is here to be understood every word that serves to express a transfer of property as above described, such as "I have given you," or " I have made you the proprietor of this." But the contract is not valid except when proceeding from a person who is of full age, sound understanding, and unrestrained in the use of his...