Back
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
C.M. JOSHI
T. Mohamed Shaffi Died By His Lrs. – Appellant
Versus
Mohammad Ali S/o. Mohammad Imam – Respondent
JUDGMENT :
C M JOSHI, J.
The plaintiff in O.S.No.49/2003 is before this Court assailing the reversal of the judgment of the Trial Court by the First Appellate Court in R.A.No.86/2007 dated 17.10.2008. 2. The factual matrix of the case that is relevant for the purpose of this appeal is summarized as below:
(a) The plaintiff/appellant herein sought the following reliefs in the suit:
“XIV. The Plaintiff, therefore, prays that the Honourable Court be pleased to pass the Decree in favour of the Plaintiff and against the Defendant:
(a) declaring the title -absolute ownership of the Plaintiff to the Plaint Schedule described house;
(b) consequentially directing the Defendant to deliver the vacant possession of the Plaint Schedule described house to the Plaintiff;
(c) granting costs of the suit; and
(d) granting such other relief or reliefs as the Honourable Court may deem fit and necessary in the circumstances of the Case.”
(b) It is the case of the plaintiff that he is the absolute owner of the suit schedule property bearing Door No.168 situated at 9th ward in Hospet. The plaint avers that the defendant is the plaintiff’s sister’s husband and the plaintiff has married the sister of the defendant.
The absence of essential elements for a valid gift deed under Mohammedan law led to the dismissal of the suit due to limitations.
The validity of a registered gift deed does not require consideration, as long as possession is delivered, confirming property rights to the donee.
A gift under Mohammedan law requires explicit acceptance and possession; failure to prove these elements results in denial of ownership claims.
The court established that an oral gift requires clear proof of declaration, acceptance, and delivery of possession to be valid, which was not met in this case.
Unregistered gift deeds under Mohammedan law do not require registration to be valid, affirming that both oral and written gifts are effective without registration.
A valid gift under Mohammedan Law requires declaration, acceptance, and delivery of possession, all of which must be sequentially satisfied.
(1) Mohammedan Law – Gift (Hiba) – For a valid gift declaration by donor is must – A gift cannot be implied.(2) Amendment of plaint – It is always open to court to allow an amendment if it is of the ....
Point of Law : Gift of an undivided share (mushaa) in property which is capable of division is irregular (fasid), but not void (batil).
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
