Headline
The Supreme Court of India shed light that registration is not needed for gifts under Mohammedan law.
Summary
The Supreme Court of India restated that gifts under Mohammedan Law do not need registration if the necessary requisites like declaration, acceptance, and delivery of possession are completed. However, the Court upheld the decision of Karnataka High Court dismissing the claim of the appellant due to non-compliance with these requisites.
Key Facts
- Case Name– Mansoor Saheb (Dead) & Ors. v. Salima (D) by LRs. & Ors
- Judges Name: Justice C.T. Ravikumar and Justice Sanjay Karol
- Case Issue: Ownership arguments by the appellant based on an oral gift by Sultan Saheb.
- The Supreme Court ruled that the oral gift was invalid as there was no proper declaration by the donor, a main requirement under Mohammedan Law.
Legal Insights
- A valid gift under Mohammedan Law needs declaration, acceptance, and delivery of possession.
- Registration is unnecessary if these conditions are properly fulfilled , but a registered gift without satisfying these requirements is considered invalid.
Impact
The ruling of the Supreme Court shows the principles dealing with gifts under Mohammedan Law, making sure that validity depends on compliance with the given conditions, not formal registration.
Why It Matters
This decision showcases the significance of procedural needs for gifts under personal laws, balancing oral traditions with legal certainty.
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