Key Points: - The ruling discusses whether a gift deed by a Mohammedan is the instrument of gift or merely evidence, and its registration under Registration Act is not always required. (!) (!) - It holds that under Mohammadan Law, three essentials for a valid inter vivos gift are declaration by donor, acceptance by donee, and delivery of possession; writing is not strictly required, and Section 129 preserves Mohammadan Law excluding its requirements from Section 123, though registration may still be required if the gift is contemporaneous with the gift. (!) (!) (!) - The judgment overrules the Andhra Pradesh Full Bench Tayyaba Begum decision and restores the trial court decree, holding the February 5, 1968 gift deed in favor of Mohammed Yakub to be complete and irrevocable given all three essentials were satisfied; the document was a declaration, not necessarily a transfer instrument, and thus not automatically required to be registered. (!) (!) (!)

What is...

What is the effect of unregistered Mohammadan gift deeds under Mohammadan Law and the applicability of Section 123 and Section 129 of the Transfer of Property Act?

What are the conditions for a valid gift under Mohammadan Law and whether writing alone can constitute or evidence a valid gift without registration?