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Family And Children [1946] EACA 16

Dhirani and others v Ganji

Dhirani and others v Ganji (Civil Appeal No. 25 of 1946) [1946] EACA 16 (1 January 1946)

The Court held that under Mahommedan law, specifically the Ibathi school, revocation of a bequest requires clear evidence of intention to revoke, either express or implied. The acts performed by the testatrix—planting trees, digging a well, repairing buildings—were all consistent with the ordinary maintenance and efficient management of a clove and coconut plantation and did not amount to a 'severe alteration' or a change in the nature of the subject of the bequest. The Court found no evidence, either singly or collectively, that these acts demonstrated an intention to revoke the bequest. The…

  • Succession
  • Bequest Revocation
  • Mahometan Law
  • Ibathi School
  • Intention To Revoke
  • Will Interpretation
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