Supreme Court Declines PIL Against Exemption for Muslim Gifts from Mandatory Registration

The Supreme Court declined to entertain a PIL challenging Section 129 of the Transfer of Property Act, 1882 and Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, which allow gifts (hiba) under Muslim law without mandatory registration or stamp duty.

The petitioners argued that the exemption discriminates against non-Muslims and violates Articles 14 and 15.

The Bench of CJI Surya Kant, Justice Joymalya Bagchi, and Justice Vipul M. Pancholi observed that the issue is complex because a non-Muslim donee can also benefit from such a gift.

The Court advised the petitioners to approach the Law Commission of India and seek legislative reform instead of directly invoking constitutional review.

[Hari Shankar Jain v. UOI]