Unregistered Gifts Are Valid Under Mohammedan Law: SC

Unregistered Gifts Are Valid Under Mohammedan Law: SC

  • Case Name: Mansoor Saheb (Dead) & Ors. v. Salima (D)
  • Judge(s): Justice CT Ravikumar and Justice Sanjay Karol
  • Advocate(s): S N Bhat & ors

The Supreme Court ruled that unregistered gifts are valid under Mohammedan law, provided specific conditions are met. 

This ruling arose from a property dispute after Sultan Saheb's death in 1978, where his children claimed oral gifts while his daughter Rabiyabi's heirs contested them. 

The court emphasized that while oral gifts can be valid, they must include a clear declaration by the donor, acceptance by the donee, and delivery of possession. 

The SC invalidated the alleged oral gift due to unmet legal requirements, citing the Hafeeza Bibi (2011) and Jamila Begum (2019) cases that allow unregistered gifts under Mohammedan law.

Law trend / 10 months ago

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