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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Md. Tazimuddin Ahmed S/o Late Adarsha Sheikh – Appellant
Versus
Md. Sahabuddin Ahmed S/o Md. Mofiz Ali – Respondent
JUDGMENT :
Heard Mr. J. H. Saikia, the learned counsel appearing on behalf of the Appellant and Mr. P. Choudhury, the learned counsel appearing on behalf of the Respondents.
2. The instant appeal under Section 100 of the Code of Civil Procedure, 1908 (for short ‘the Code’) is directed against the judgment and decree dated 11.12.2009 passed by the learned District Judge, Nalbari (hereinafter referred to as ‘the learned First Appellate Court’) in Title Appeal No.13/2007 whereby the judgment and decree dated 18.06.2007 passed by the learned Civil Judge (Senior Division) Nalbari (hereinafter referred to as ‘the learned Trial Court’) in Title Suit No.5/2024 was reversed.
3. It is seen from the records of the instant proceedings that vide an order dated 02.06.2010, the instant appeal was admitted on the following substantial question of law:
4. To adjudicate as to whether the said substantial question of law is involved in the instant appeal, this Court finds it relevant to take note of the facts which led to the filing of the instant appeal.
5. One Adarsha
A valid gift under Mohammedan Law requires declaration, acceptance, and delivery of possession, all of which must be sequentially satisfied.
Point of Law : Gift of an undivided share (mushaa) in property which is capable of division is irregular (fasid), but not void (batil).
The central legal point established in the judgment is the requirement to prove the execution of gift deeds in accordance with the law, including the need for delivery of possession for a valid gift.
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 Muslim Law requires a valid declaration, acceptance, and delivery of possession; gifts of undivided property can be valid if established correctly, confirmed through evidence.
The absence of essential elements for a valid gift deed under Mohammedan law led to the dismissal of the suit due to limitations.
A gift under Mohammedan law requires explicit acceptance and possession; failure to prove these elements results in denial of ownership claims.
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