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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mrs Justice T.V.THAMILSELVI
S.M.Syed Mohammed Bucary – Appellant
Versus
S.M.S.Mohammed Mohideen – Respondent
JUDGMENT :
T.V.THAMILSELVI, J.
The appellant has filed this Second Appeal against the judgment and decree dated 11.03.2024, passed in A.S.No.221 of 2023 by the learned III Additional Judge (FAC), II Additional Judge, City Civil Court, Chennai, confirming the judgment and decree dated 19.06.2023 in O.S.No.8904 of 2019 on the file of the learned XVII Assistant Judge, City Civil Court, Chennai.
2. Heard Mr. N. Jothi, learned Senior Counsel appearing for Mr. G.V.Sridharan, learned counsel for the appellant, and Mr. V. Raghavachari, learned Senior Counsel appearing for Mr. E. Prabu, learned counsel for the respondent, and perused the material available on record.
3. For the sake of convenience, the parties herein are referred to as they were ranked in the suit.
4. The appellant herein is the unsuccessful plaintiff before the Courts below. The plaintiff filed a suit to declare the revocation deed, as well as the settlement deed executed by his father in favor of the defendant, as null and void, along with other consequential reliefs. The defendant appeared and contested the suit. The suit was dismissed, prompting the plaintiff to file an appeal in A.S.No.221 of 2023, which was also dismissed
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 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 Mohammedan law requires explicit acceptance and possession; failure to prove these elements results in denial of ownership claims.
The main legal point established in the judgment is the validity and proof of oral Hiba under Mohammedan Law, and the requirement to establish possession and acceptance of a gift in property disputes....
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