K.SHANMUKHAM
Amirkhan – Appellant
Versus
Ghouse Khan – Respondent
K. Shanmukham, J.
1. Two interesting questions arise for consideration in this revision. One is whether the gift of the immovable property by a Mohamadan if reduced to writing, requires registration. Another is whether the gift deed in this case records any past transaction or the deed itself creates a right in the immovable property. The court below held that the document dated 6.3.1978 itself created a right in the immovable property and therefore requires registration. On that ground it refused to admit this document in evidence. It is this order that is canvassed in this revision.
2. Mohamedan Law recognises an oral gift. The question is whether notwithstanding such right to created a gift orally, if a Mohamedan should reduce the gift to writing, the same requires registration. According to Section 129 of the Transfer of Property Act, nothing in Chapter VII relates to gift of immovable property made in comtemplation of death, or shall be deemed to affect any rule of Mohamedan Law. Thus a gift by a Mohamedan is exempt from the purview of Chapter VII of the transfer of Property Act. This is taken advantage of by the learned Counsel for the petitioner to submit that because the
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