Supreme Court · 2011 INSC 357 · Decided 5 May 2011
Hafeeza Bibi & ORS. v. Shaikh Farid (Dead) BY LRS. & Ors
- Court
- Supreme Court of India
- Citation
- 2011 INSC 357 · [2011] 5 S.C.R. 1155
- Case number
- CIVIL APPEAL No. 1714/2005
- Decided
- 5 May 2011
- Bench
- RAJENDRA MAL LODHA, S.S. NIJJAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act Section 123, 129; Registration Act Section 17
Headnote
MOHAMMADAN LAW: A B Hiba (gift) - Essential requisites of - Held: Are: (1) c 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 make the gift complete and irrevocable - However, the donor D 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 -Judgment of High Court
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