K S HAMEED DIED Vs. K MOHD MUTHU

JUDGEMENT

(1.) THE question that arises for consideration in this appeal is what is the proper construction of the EX.A3 the Deed of Settlement. Tamil

(2.) ACCORDING to the plaintiff, who is the brother of the Settlee Fathima Beebi what was given was a life estate which is unknown to Muslim Law. So the Settlee got an absolute estate without the restrictive condition which is void. The Settlee's husband had remarried even during her life time. She died on 4.12.1974. The Settlor, who is the mother of the plaintiff and the Settlee died on 27.3.1978. The Settlee's husband Kamaludin died on 23.3.1982. Since the plaintiff came to know that Kamaludin had executed a Settlement Deed in favour of the respondents 1 to 8, his children through second wife, and since efforts at amicable partition proved futile, the plaintiff was constrained to seek for partition of his share. ACCORDING to the plaintiff, no vested remainder was granted in favour of Kamaludin and the plaintiff is entitled to 3/4 share in the suit property which had vested absolutely with her (his) sister, the Settlee.

(3.) ALL the three essentials were fulfilled so far as the gift to Fathima Beebi was concerned. According to the learned counsel however there was neither declaration nor acceptance nor delivery and therefore, there was no gift, to support the contention that a gift of the vested remainder was made to the Settlee's husband.