Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | MOHAMMADAN LAW: Hiba (gift) - Essential requisites of - |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Transfer of Property Act, 1882 (4 of 1882) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | MOHAMMADAN LAW:Hiba (gift) - Essential requisites of - Held: Are: (1) declaration of the gift by the donor, (2) acceptance of the gift by the donee and (3) delivery of possession -The rules of Mohammadan Law do not make writing essential to the validity of a gift and an oral gift fulfilling all the three essentials make the gift complete and irrevocable - However, the donor may record the transaction of gift in writing - In the instant case, as all the three essential requisites are satisfied by the gift deed - The gift in favour of defendant 2 became complete and irrevocable -Judgement of High Court set aside and that of trial court, holding the gift deed genuine and binding between the parties, restored -Transfer of Property Act - ss. 129 and 123.Transfer of Property Act, 1882:ss. 123 and 129 - Deed of gift executed by a Mohammedan - HELD: Is not the instrument effecting, creating or making the gift - Such writing is not a document of title but is a piece of evidence - Section 129 preserves the rule of Mohammedan Law and excludes the applicability of s. 123 to a gift of an immovable property by a Mohammadan - In the instant case, the gift deed is a form of declaration by the donor and not an instrument of gift as contemplated u/s 17 of the Registration Act - Registration Act, 1908 - s.17. |
Judge | Honble Mr. Justice R. M. Lodha |
Neutral Citation | 2011 INSC 357 |
Petitioner | Hafeeza Bibi & Ors. |
Respondent | Shaikh Farid (dead) By Lrs. & Ors |
SCR | [2011] 5 S.C.R. 1155 |
Judgement Date | 2011-05-05 |
Case Number | 1714 |
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