Doctrine of Musha , Muslim law
Автор: Deepanshi Sethi
Загружено: 2020-01-21
Просмотров: 11617
Описание:
The word has been derived from the an Arabic word I.e Shuyua which means Confusion.
In Muslim LAw Musha signifies an undivided share in a Joint Property.
Shia Law does not recognize the doctrine of MUshaa . UNder shia law the gift of undivided joint property which is divisible is also valid.
The concept of Doctrine of Mushaa was introduce by Hanafi jurists .
It says Gift of a share in the co owned property is invalid without partition and actual delivery of that part of the property to the donee.
and if the coowned property is not capable of partition or division , the doctrine of mushaa is in applicable.
hedaya words are:
"A gift of part of thing which is capable of division is not valid unless they said part be divided off and separated from the property of the donor, but a gift of part of an indivisible thing is valid".
MUsha is of two :
1. when property is divisble
2. when property is not divisble.
Exception to musha:
1. Gift to co-heirs
2.Gift of share in zamindari
3.Gift of share in freehold property in commercial town.
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