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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
UMESH M. ADIGA
Anwar Sab, S/o Late Sri Basha Sab – Appellant
Versus
B.E Thukaram, S/o Late K.N Yallappa – Respondent
JUDGMENT :
UMESH M. ADIGA, J.
The present appeal is directed against the judgment and decree dated 15.04.2009 passed by learned I Addl.District Judge, Bengaluru Rural District, Bengaluru in RA.No.160/2008, (for short 'First Appellate Court'). The said appeal arises from the judgment and decree dated 21.06.2008 passed by the learned Principal Civil Judge (Sr.Dn), Bengaluru Rural District, Bengaluru in OS.No.78/2006(for short 'trial Court'), dismissing the plaintiff's suit for declaration and permanent injunction.
2. The parties are referred to as per their ranking before the trial Court.
3. The brief facts of the case are that, suit property was admittedly belonging to one Smt.Peerambiyamma W/o Syed Khan. She inherited the said property from her father. She alleged to have gifted the said property, in favour of her two sons, by name Basha Sab and Baba Sab - plaintiff No.2, by the registered gift deed dated 25.04.1958. The Basha Sab and Baba Sab came in possession of the said property by virtue of the gift deed. After the death of Basha Sab, his son succeeded to the said property along with Baba Sab. They have paid taxes in respect of the said property. They were also cultivating the lan
A gift under Mohammedan law requires explicit acceptance and possession; failure to prove these elements results in denial of ownership claims.
A gift under Muslim Law requires a valid declaration, acceptance, and delivery of possession; gifts of undivided property can be valid if established correctly, confirmed through evidence.
A valid gift under Mohammedan Law requires declaration, acceptance, and delivery of possession; failure to meet these criteria results in the transaction being invalid.
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.
Point of Law : Gift of an undivided share (mushaa) in property which is capable of division is irregular (fasid), but not void (batil).
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