Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | undivided property Gift (Hiba) Mohammedan Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Mohammedan Law -- Gift (Hiba— Of undivided property, which is capable of division - In favour of minor son — Property in possession of the tenants . Whether such gift is irregular - Held: The gift had no infirmity under the Mohammedan Law either on the ground that the possession was not delivered to the donee or on the ground that the gift was hit by Hiba-bil-Musha - If the property is in occupation of tenants, gift can be completed by delivery of title deed or by request to tenants to attorn to the donee or by mutation — Gift of undivided property which is capable of division though irregular, but can be perfected and rendered valid by subsequent partition or delivery. |
Judge | Hon'ble Mr. Justice Adarsh Kumar Goel |
Neutral Citation | 2016 INSC 115 |
Petitioner | Khursida Begum (d) By Lrs. & Ors. |
Respondent | Mohammad Farooq (d) By Lrs. & Anr. |
SCR | [2016] 1 S.C.R. 484 |
Judgement Date | 2006-02-01 |
Case Number | 2845 |
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