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Shailja Tiwari   08 April 2020

rule against perpetuity

rule against perpetuity given under the transfer of property Act 1882 not affect any rule of Muhammadan Law?


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 3 Replies

Real Soul.... (LEGAL)     08 April 2020

For the ansestral property shall be not be applicable.

Shailja Tiwari   09 April 2020

you mean to say in general rule ,this rule affect the Muslim law?

Real Soul.... (LEGAL)     09 April 2020

THE MUSLIM PERSONAL LAW (SHARIAT) APPLICATION ACT, 1937 ACT NO. 26 OF 1937 [7th October, 1937.]

An Act to make provision for the application of the Muslim Personal Law (Shariat) to Muslims. 1 *** WHEREAS it is expedient to make provision for the application of the Muslim Personal Law (Shariat) to Muslims 1***; It is hereby enacted as follows:—

1. Short title and extent.—(1) This Act may be called the Muslim Personal Law (Shariat) Application Act, 1937. (2) It extends to the whole of India

2 [3 ***]. 4 ***

5 2. Application of Personal Law to Muslims.—Notwithstanding any custom or usage to the contrary, in all questions (save questions relating to agricultural land) regarding intestate succession, special property of females, including personal properly inherited or obtained under contract or gift or any other provision of Personal Law. marriage, dissolution of marriage, including talaq, ila, zihar, lian, khula and mubaraat, maintenance, dower, guardianship, gifts, trusts and trust properties, and wakfs (other than charities and charitable institutions and charitable and religious endowments) the rule of decision in cases where the parties are Muslims shall be the Muslim Personal Law (Shariat).  

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