Wednesday, 29 April 2020

Difference between Marz-ul-Maut and Donatio mortis causa

Basic concept of Marz-ul-Maut
To constitute Marz-ul-Maut,there must be-
1)A proximate danger of death;
2) Some degree of subjective apprehension of death in the mind of the suffering person;
3) Some external indicia for example,inability to attend to ordinary avocations.
Death bed gifts
A gift during Marz-ul-Maut or death-bed gift is essentially a gift.It is therefore subject to all the conditions of a gift,viz.-
1) a declaration of gift by donor;
2) An acceptance of the gift,express or implied,by or on behalf of donee ;and 

3) delivery of possession of the subject-matter of the gift, by the donor to the donee.

Difference between Marz-ul-Maut  and Donatio mortis causa

There is much similarity between a gift Marz-ul-Maut of muslim law and Donatio mortis causa under S 191 of Indian Succession Act.
The important points of difference between the two are:
1) Whereas the provisions relating to Marz-ul-Maut apply only to muslims,the provisions of Indian Succession Act govern non-muslims.
2) Under the Indian Succession Act,movable property alone,and not immovable property can be disposed off by Donatio mortis causa;under muslim law,it may be any property -movable or immovable.
3) There is no limitations,either as regards the person to whom or the extent to which,property can be disposed of by gift Donatio mortis causa;a death bed gift of muslim law is subject to limitation.
a) Made to non heir----------not more than 1/3 of estate unless consented by his heirs.
b) to wakf --------- not more than 1/3 of estate unless consented by his heirs.
c) When made to an heir,it is altogether invalid unless consented by other heirs.
4) If donor recovers from the sickness, the gift Donatio mortis causa entirely fails;but if death bed gift by muslim  is of the whole of his property and he subsequently recovers, the gift will take effect to the extent of the whole property.

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