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Supreme Court of India 2016-02-01 allowed

Khursida Begum (D) By Lrs. & Ors vs Mohammad Farooq (D) By Lrs. & Anr

Bench: 2 — Adarsh Kumar Goel

In Brief

A father executed a registered gift deed in 1976 gifting his one-third share in a Jaipur property to his minor son, and informed the tenants. The son later claimed he was entitled to one-third of the monthly rent. The courts below rejected the gift as invalid under Muslim Law, holding it was an undivided share in divisible property (hiba-bil-musha) without delivery of possession. The Supreme Court allowed the appeal, holding that such a gift is valid when the property is located in a large commercial town—an recognized exception—and transfer of possession is completed through delivery of the title deed and assignment of rent collection rights. The gift required no separate proof of physical possession.

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Muslim Law Gift Deed Immovable Property Hiba-bil-Musha Possession Undivided Property Property Rights Succession

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