The Supreme Court ruled that gifts under Mohammedan law do not need to be registered to be valid. It stated that an unregistered gift deed is valid as long as the basic conditions of a gift are fulfilled. This decision upholds the unique rules of Mohammedan law regarding gifts. The court emphasized the value of traditional practices over formal paperwork.
New Delhi: The Supreme Court of India confirmed that gifts (hiba) under Mohammedan law do not need to be registered to be valid, as long as they meet certain legal requirements.
The judgment was delivered by Justice C.T. Ravikumar and Justice Sanjay Karol.
The case involved a dispute over the inheritance of agricultural land and a house owned by Sultan Saheb, who died in 1978. Sultan Saheb had children from two marriages, including a daughter named Rabiyabi from his second marriage.
Read Also: “A Gift Conditioned Upon Perpetual Services Is Forced Labor, Even Slavery”: Supreme Court
After his death, his sons claimed that he had orally gifted parts of his property to them while he was alive. The legal heirs of Rabiyabi filed a partition suit in 1988, arguing they were entitled to a 1/6th share of the property and that the alleged oral gifts were not valid.
The sons pointed to a document called Mutation Entry No. 8258, which noted the division of property among them and claimed it showed an oral gift from Sultan Saheb.
However, the plaintiffs argued that the document only referred to a “partition” and not a gift, stating that under Mohammedan law, a partition during the owner’s lifetime was not allowed.
Both the trial court and the Karnataka High Court ruled in favor of the plaintiffs, rejecting the sons’ claims. The case was then taken to the Supreme Court.
Legal Issues
- Validity of Oral Gifts Under Mohammedan Law
The Court needed to decide if the oral gift made by Sultan Saheb to his sons met the legal requirements. Mohammedan law allows for oral gifts, but they must follow strict rules to be valid. - Requirement of Registration for Gifts
The appellants argued that Mohammedan law does not require gifts to be registered. They stated that an oral declaration, acceptance by the recipients, and delivery of possession were enough for the gift to be valid. - Interpretation of Mutation Entries
The Court had to determine whether the mutation entry, which mentioned a “partition,” could be taken as evidence of an oral gift. The plaintiffs claimed this clearly indicated a partition and did not meet the criteria for a valid gift.
The Supreme Court reviewed the rules about gifts under Mohammedan law and provided clear guidance on several issues:
Validity of Oral Gifts
The Court confirmed that oral gifts are allowed under Mohammedan law and do not need any documents. However, for a gift to be valid, three key conditions must be met:
- Declaration of the Gift: The person making the gift must clearly state their intention.
- Acceptance by the Donee: The recipient must accept the gift, either clearly or indirectly.
- Delivery of Possession: The person making the gift must transfer possession of the property to the recipient, either physically or in another way.
Registration and Documentation
The Court clarified that Mohammedan law does not require registration for a gift. It cited past cases to support that a gift is valid without a written deed if the three conditions are satisfied.
The Court looked at Mutation Entry No. 8258, which the sons claimed showed the oral gift. The entry referred to a “partition,” and the Court noted that the language was clear. It stated that mutation entries are only for revenue records and do not create or end property rights. The term “partition” could not be interpreted as “gift” without clear evidence of intent.
The Court reviewed the testimonies of the defense witnesses and found them unclear and unconvincing. It noted that there was no solid evidence showing Sultan Saheb intended to gift the property or that possession was delivered to the recipients.
The Supreme Court dismissed the appeals, agreeing with the trial court and High Court’s decisions that the alleged oral gift was not valid.
It concluded that:
- The requirements for a valid gift under Mohammedan law were not met.
- The mutation entry indicated a partition, not a gift, and did not prove ownership rights for the sons.
While reaffirming the validity of oral and unregistered gifts under Mohammedan law, the Court stressed the importance of meeting all legal requirements for such gifts.
Case Title
MANSOOR SAHEB (DEAD) & ORS. VERSUS SALIMA (D) BY LRS. & ORS
FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE
