JUDGMENT Walmsley, J. - The principal object of the suit from which this appeal arises was to have three deeds declared invalid and inoperative, namely, a waqfnama, a hebabilewaz, and a " nadabi." The suit was dismissed, and the Plaintiffs prefer this appeal. One Abdul Gani had two sons; the elder Nijabat Ali is the first Defendant, and the younger Makram Ali is the first Plaintiff. Abdul Gani had two brothers and a sister, and one of these brothers, Abdul Azim, is the second Defendant. Abdul Gani's widow Alfannessa is the third Defendant, and Makram Ali's wife is the fourth. The Bhattacharjee Plaintiffs have bought from Makram Ali half of the interest which he claims as heir to Abdul Gani. 2. Abdul Gani and his wile Alfannessa and his brother Abdul Azim executed a deed purporting to be a waqfnama on Magh 21st, 1295 (February 2nd, 1889). Abdul Gani alone executed a hebabilewaz in favour of his elder son Nijabat Ali, and a deed of release or nadabi also in favour of Nijabat Ali, both on the same day, Asar 25th, 1318 (July 10th, 1911). Abdul Gani died a few-weeks later, on August 7th, 1911. 3. These are the three deeds which Makram Ali seeks to set aside, and if he succeeds he claims the right to inherit a seven annas share of the property of his father covered by them. 4. A great many questions were raised in the lower Court, and no less than thirty-two issues were framed, and the learned Judge dealt with them very minutely. 5. The Plaintiffs alleged that the family belonged to the Shia sect, and as the rules of the Shias about dedications by way of waqf are more stringent than those of the Sunnis, it is necessary to decide this point at the outset. The learned Judge held that the family belonged to the Sunnis, and there can be no doubt that he was right. If it is necessary to go beyond Makram Ali's own statement about the funeral obsequies of Abdul Gani and other members of the family, there is plenty of other evidence on the subject, most of which has been mentioned by the learned Judge. 6. Before discussing the validity of the waqf it will be convenient to dispose of the Plaintiff's allegations in regard to the other two documents. 6. Before discussing the validity of the waqf it will be convenient to dispose of the Plaintiff's allegations in regard to the other two documents. With regard to their execution Makram Ali asserts that at the time of execution Abdul Gani was not in a condition to know what he was doing. It is admitted that Abdul Gani died of a very distressing complaint, but it is clear that the symptoms did not become aggravated until a few days before his death : his photograph was taken in a group, about a fortnight after the execution of documents, and he went to the Bar Library to execute the documents. The evidence of the doctor Rai Gopal Chandra Chatterjee Bahadur and of the Pleader Babu Girish Chandra Chakravarti shows conclusively that at the time of execution Abdul Gam was in a sound state of mind and well able to Appreciate what he was doing. 7. It is urged, however, that the one deed was invalid because it was a death-bed gift, and that the other cannot operate to give title to Nijabat because it is nothing more than a disclaimer. With regard to the former, the evidence shows that the document was not executed at a time when Abdul Gani was in immediate apprehension of death, and, further, that the parties were at pains to pass consideration for the gift. As to the effect of the deed of release, the evidence shows that execution was followed by possession. 8. The attempt to assail the two later deeds, therefore, fails, and so far as the property covered by them is concerned, the decision of the lower Court must be affirmed'. 9. We may now consider the waqfnama. The case for the Plaintiffs is that in substance its provisions are for the benefit of the waqifs and their family. On the other hand attention is drawn to the provisions for building sacred edifices, for maintaining public worship, for supplying lights and mats at some existing mosques for celebrating great Mohommadan festivals and for feeding the poor. 10. It is conceded that the annual value of the dedicated property is about a thousand rupees, and when we come to examine these charitable and religious purposes, it appears that the expenditure needed to carry them out will amount to only a small fraction of the annual income. 10. It is conceded that the annual value of the dedicated property is about a thousand rupees, and when we come to examine these charitable and religious purposes, it appears that the expenditure needed to carry them out will amount to only a small fraction of the annual income. First, there are the buildings to be erected : but the waqifs are careful to say that the Musjid is to be small, and the waiting-room is to be small. Thirty years have passed but there is no evidence to show what they cost. Lights and mats cannot cost more than a rupee or two each month, and an Imam (D. W. 21) says that his remuneration for reading the Koran was eight annas a month. Then with regard to the observance of three Mohammadan festivals the matwalli is only directed to make offerings, with a vague addition that on these occasions he will feed the poor of the mohullu. No evidence is adduced to show that the matwalli during the last thirty years has spent much on carrying out these directions. These are all the provisions contained in the second and third paragraphs of the document. The fourth paragraph is entirely for the benefit of the waqif's family. In the tilth, there is a direction that something shall be paid every Thursday to the poor, but even the vague direction depends upon there being a balance after providing first for the members of the waqifs family who live in joint mess with the matwalli and then for those who are in separate mess. The sixth paragraph is most important : for it provides that funds are to be accumulated for the sake of improving and enlarging the waqf property. The next authorises members of the tamils, but not outsiders, to scrutinize the matwalli's account papers. These provisions are in exact accordance with the recital in the preamble where the waqifs Bay " for the present and future benefit of us, our predecessors and our future heirs and for the maintenance of the poor helpless and destitute of the family and in their absence of the poor and helpless people of the town." These words " in their absence " afford the key to the so-called dedication. The prime object is the benefit of the settler's family: the charitable and religions provisions are insignificant or so remote as to be illusory. The prime object is the benefit of the settler's family: the charitable and religions provisions are insignificant or so remote as to be illusory. 11. The test of what constitutes a valid waqif was stated in the case of Mujibuvncssa v. Abdur Rahim I. L. R. 23 All. 233 : s c. 5 C. W N 177 (P. C ) (1900). "It will be so (i.e, ) valid) if the effect of the deed is to give the property in substance to charitable uses. It will not be so if the effect is to give the property in substance to the testator's family." 12. Applying this test, T find that this document is not a valid waqf. 13. It follows from this finding that the Plaintiffs must succeed to a considerable extent so far as the properties covered by the waqfnama are concerned, that is, the properties comprised in Sch. ka, and it remains to consider what the terms of the decree should be. 14. First, as to Makram Ali's share. Alfan-nessa, mother of both Makram Ali and Nijabat, is now dead, so the two brothers are entitled to inherit Abdul Gani's estate in equal shares. 15. From the properties mentioned in " ka " Schedule, however, considerable deductions have to be made. The learned Vakil for the Plaintiffs accepts the finding of the lower Court on Issue No. 8 that Abdul Azim owned some of the properties and was not merely a benamiliar for Abdul Gani. Abdul Azim is still alive. so these properties will be deducted, i.e., those mentioned in Issue No. 8. The Judge's finding is also accepted regarding Item No. 28 of Sch. ka. as given on p. 489 of the paper-book and the description of that item will be modified accordingly. Three more of these properties, viz., Nos. 7, 20 and 21 will also be omitted in view of the learned Judge's finding on the first issue that Abdul Ganj had been dispossessed long before his death. In regard to the residue the Plaintiffs will be entitled to a decree for an eight annas share, together with mesne profits since the date of Abdul Gani's death. 16. The Plaintiffs also ask for a decree in regard to the properties in Sch. gha. Nijabat Ali referred to these properties in paras. In regard to the residue the Plaintiffs will be entitled to a decree for an eight annas share, together with mesne profits since the date of Abdul Gani's death. 16. The Plaintiffs also ask for a decree in regard to the properties in Sch. gha. Nijabat Ali referred to these properties in paras. 33 and 35 of his written statement, and Issue No. 31 was framed to deal with the allegations. The learned Judge rinds that Makram Ali was not dispossessed, and he is not entitled to any relief. The learned Vakil for Respondent does not seriously object to the decree including these properties, although he points out that such a decree is superfluous and Makram Ali is not entitled to demand it. I think that in view of the lower 'Court's finding and the clear statements made by Nijabat Ali, the Plaintiffs should not be allowed a decree for these properties. Then there is the compensation paid by the Collector when some of the " ka " property was acquired. On this subject the Plaintiff was very vague, and he could not say how much of the money was paid to Abdul Gani and how much to Nijabat. Makram Ali cannot recover anything in respect of moneys paid in Land Acquisition proceedings during Abdul Gani's life-time but he will be entitled to a share in all compensation received by Nijabat for lands in Sch. ka since Abdul Gani's death. 17. To sum up, I think the suit and the appeal should be dismissed as regards the properties mentioned in kha, ga, gha and una; but decreed in the modified form indicated above in respect of the properties in " ka " Schedule. Parties to bear their own costs in both Courts; the lower Court will pass orders as to costs in the mesne profits enquiry. chitty, J. I agree.