The following proposition of law has been referred to the Full Bench for an authoritative pronouncement: -

(1) Whether in view of the provisions of sections 123 and 129 of the Transfer of Property Act the Mohmmendan Law on the question of gifts stands superseded; and whether it is necessary that there should be a registered instrument as required by sections 123 and 138 of the Transfer of Property Act in the case of gifts made under that law.

2. The facts leading to this reference are as follows:

A suit for partition was brought by Mohd Sidiq Dareel in the Court of Sub-Judge (Judge Small Causes Court) Srinagar on the ground that he had purchased 7 shares from Mst. Zooni out of the joint property left by Mohd Sofi her ancestor. It was pleaded on behalf of the first defendant that Mst. Zooni had already relinquished her entire title in favour of her brother Ghulam Ahmad Sofi the defendant, therefore, she had no title left to transfer it to the vendee plaintiff. The trial Court held that the plea raised by the defendant as regards the oral gift made by Mst. Zooni in favour of her brother was established. It, therefore, dismissed the suit of the plaintiff. On appeal before the District J

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