The Supreme Court clarified that a gift under Mohammedan Law can be valid even without a written document. The court emphasized that clear intention, acceptance, and possession are the key essentials.
New Delhi: The Supreme Court on Tuesday clarified that a gift made under Mohammedan Law does not necessarily need to be in writing to be considered valid.
The court explained that for an oral gift to be valid, three essential conditions must be satisfied. These include a clear manifestation of the donor’s intention to give, acceptance of the gift by the recipient, and actual or constructive possession of the gift by the recipient.
A bench comprising Justices Ahsanuddin Amanullah and S V N Bhatti observed that
“an oral gift that fulfils the three essential requisites is complete and irrevocable.”
The bench further clarified,
“A gift under Mohammedan Law does not require a written document to be valid. The mere fact that a gift is reduced to writing does not change its nature or character. A written document recording the gift does not become a formal instrument of gift.”
The Supreme Court also highlighted that delivery of possession is a critical and necessary element for a gift to be valid.
The bench explained,
“It can be actual or constructive. Constructive possession can be demonstrated by overt acts by the donor that show a clear intention to transfer control. For example, the donor applies for the mutation of the donee’s name in the revenue records,”
The apex court added that evidence showing that the donee is acting under the gift is essential to prove that possession has been transferred.
The court said,
“While Mohammedan Law allows for a gift to be made orally without a written document, the validity of such a gift is contingent on the demonstration of all three essential elements, particularly the delivery of possession. The courts will scrutinise ‘contemporaneous’ and ‘continuous’ evidence of the donee’s actions and control over the property to determine if possession was indeed transferred. The lack of evidence will lead to proving that a gift was never completed, regardless of any written declaration,”
This judgment came in response to a plea concerning the partition and possession of agricultural land at Kusnoor village in Karnataka’s Gulbarga district, which had been given under an oral gift.
Cause Title:
DHARMRAO SHARANAPPA SHABADI AND OTHERS VERSUS SYEDA ARIFA PARVEEN
Citation:
2025 (SC) 973
Read Judgement:
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