musha
Musha means an undivided share in joint property. Under Hanafi law a gift (hiba) of musha in property capable of division is irregular (fasid), not void, because delivery of possession of an undivided share is not possible; it becomes valid once the share is partitioned and possession given.
The rule does not apply to property incapable of division (such as a bathhouse or staircase), to a gift by one co-owner to another, to shares in a company, or to property in large commercial towns. Shia law does not accept the musha doctrine at all, and Indian courts have read it narrowly.
Example
The gift of an undivided half of a large agricultural plot was a gift of musha and remained irregular until the share was separated and possession given.
See also
hiba · partition · possession
Read more in the study notes
- Development of Muslim law and its schools (Family Law II - Mohammedan Law)
- Wills under Muslim law (Family Law II - Mohammedan Law)
- Hiba: gifts under Muslim law (Family Law II - Mohammedan Law)
- RERA, 2016: functions and duties of the promoter, and rights and duties of allottees (Land Law)
- Patents of Addition, Grant, Term and Transfer of Patent Rights (Law of Patents in India)
- Rights and Obligations of the Patentee (Law of Patents in India)