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IN THE HIGH COURT OF JHARKHAND AT RANCHI
MRS. JUSTICE ANUBHA RAWAT CHOUDHARY, J
Idrish Ansari – Appellant
Versus
Rabindra Kumar Singh – Respondent
JUDGMENT :
ANUBHA RAWAT CHOUDHARY, J.
1. This appeal has been filed against the judgment and decree dated 24.06.2016 (decree signed on 05.07.2016) passed in Partition Appeal No. 53 of 2013 by the learned District Judge No. VIII, Palamau at Daltonganj, whereby the learned appellate Court has allowed the appeal filed by the plaintiff against the judgment and decree dated 07.09.2013 (decree signed on 16.09.2013) passed by the learned Senior Civil Judge-I, Palamau Daltonganj in Partition Suit No. 53 of 2009.
2. This appeal was admitted vide order dated 16th August 2019 whereby the following substantial question of law has been framed:
“Whether Mohammedan can transfer his occupancy holding by an oral gift (Hiba) and whether the learned court below has failed to properly consider this aspect of the matter?”
Arguments of the appellants
3. Learned counsel for the appellants while referring to the substantial question of law framed by this Court has made alternative submissions. He has submitted that the point so framed can be directed to be decided by the learned appellate Court or the trial Court who may return a finding with regard to that aspect of the matter and in the alternative, it is sub
An oral gift of agricultural land under Mahomedan law is invalid unless registered, per statutory requirements, overriding personal law principles.
A Mohammedan cannot transfer occupancy holdings by oral gift due to statutory requirements for registration under the Chotanagpur Tenancy Act and the Muslim Personal Law (Shariat) Application Act.
(1) Mohammedan Law has well-defined rules of inheritance that come into effect upon death of ancestor.(2) Registration of gift is not required under Mohammedan Law and unwritten and unregistered gift....
A second suit for partition is maintainable even though the earlier suit for the same relief was withdrawn by the parties without seeking any leave of the Court.
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.
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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