HAFEEZA BIBI & ORS. versus SHAIKH FARID (DEAD) BY LRS. & ORS

HAFEEZA BIBI & ORS. versus SHAIKH FARID (DEAD) BY LRS. & ORS

A written gift deed executed by a Mohammadan is not the instrument effecting, creating or making the gift; the essentials of gift under Mohammadan law (declaration, acceptance, delivery of possession) must be fulfilled; registration is not required and the deed is merely evidence. The High Court erred in requiring compulsory registration for a valid gift, as s.129 of the Transfer of Property Act saves Mohammadan law.

Parties
Appellant: Hafeeza Bibi & Ors.; Respondent: Shaikh Farid (Dead) By LRs. & Ors.
Jurisdiction
India
Judgment Date
05 May 2011
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Judgment
Outcome
Appeal allowed
Legal Topics
Hiba (muslim Gift), Registration of Gift Deeds, Transfer of Immovable Property, Interpretation of Transfer of Property Act S.123 and S.129, Application of Mohammadan Law
Personal Law Property Law Hiba (muslim Gift) Registration of Gift Deeds Transfer of Immovable Property Interpretation of Transfer of Property Act S.123 and S.129 Application of Mohammadan Law

Case Brief

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Parties

Hafeeza Bibi & Ors.

Appellant

Shaikh Farid (Dead) By LRs. & Ors.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Judgment

Legal Issues

  1. 1 Whether an unregistered written gift deed by a Mohammadan is valid under Indian law
  2. 2 Whether registration is compulsory for a written gift deed under Mohammadan law when gifting immovable property

Ratio Decidendi

A written gift deed executed by a Mohammadan is not the instrument effecting, creating or making the gift; the essentials of gift under Mohammadan law (declaration, acceptance, delivery of possession) must be fulfilled; registration is not required and the deed is merely evidence. The High Court erred in requiring compulsory registration for a valid gift, as s.129 of the Transfer of Property Act saves Mohammadan law.

Court Disposition

Appeal allowed

Orders

  • High Court judgment dated September 13, 2004 is set aside
  • Judgment and decree of Principal Subordinate Judge, Vishakhapatnam dated April 27, 1988 is restored