Mohammad Zaki Khan vs Munnu Sahu - 1925 Supreme(Oudh) 109

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1925 Supreme(Oudh) 109

DANIELS
Mohammad Zaki Khan – Appellant
Versus
Munnu Sahu – Respondent

JUDGMENT

Daniels, J C - The question for decision in this appeal is whether a transfer by a Muhammadan husband of immovable property of the value of over Rs. 4,000 to his wife in lieu of her dower debt which is said to have amounted to Rs. 6,000 requires a registered instrument or not. The question depends on whether it is a gift of the kind known in Muhammadan law as hiba bil ewaz or a sale. The chapter of the Transfer of Property Act which deals with gift does not affect any rule of Muhammadan law, whereas the provisions of Section 54 of the Transfer of Property Act are applicable to persons of all religions.

2. The suit arises out of execution proceedings. The property in suit was attached in execution of a decree as being the property of Jafar Khan to whom it originally belonged. The appellants are Jafar Khan's sons and daughter, and their case is that Jafar Khau made an oral gift of the property to their mother Mt. Maksuman Bibi in lieu of her dower debt. The Court below has held that the transaction amounted to a sale and could only be made by a registered instrument, and the only plea argued before me in appeal is that this finding is incorrect. The Court; below relies on th

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