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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