DHARMRAO SHARANAPPA SHABADI AND OTHERS vs SYEDA ARIFA PARVEEN

Bench: 2 — S.V.N. Bhatti, Ahsanuddin Amanullah

In Brief

Khadijabee owned 24 acres of agricultural land. She allegedly gifted 10 acres orally to her daughter Syeda Arifa Parveen in 1988. After Khadijabee's death in 1990, her husband Abdul Basit sold the entire property to the Defendants in 1995. The Plaintiff sued in 2013 claiming ownership as an heir and based on the oral gift. The Supreme Court allowed the Defendants' appeal, holding: (1) the alleged oral gift was never completed—no delivery of possession was proved; (2) the Plaintiff's status as Khadijabee's daughter was not adequately established through oral evidence; (3) the suit was barred by limitation due to 23 years of inaction; and (4) the High Court improperly modified the trial court's decree without a cross-appeal. The sale deeds to the Defendants stand valid.

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Mohammedan Law Law of Gifts Hiba Evidence Act Oral Evidence Credibility of Witnesses Transfer of Property Limitation Appellate Jurisdiction Mutation of Land Records Property Law Civil Procedure Family Law Inheritance and Succession

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