Gift - oral
Anamika
(Querist) 09 April 2012
This query is : Resolved
Hi,
An old man of 108 years orally transferred a few properties in the name of one of his daughter. There is no gift deed or any another documentary proof to it. However in the record of rights the tehsildar has specifically put that daughters name. Also the old man expressed his desire before the Tehsildar to transfer his property. Does this transaction hold any legal validity ????? If yes pleaase quote judgments supporting it.
Thanx & Regards,
Anamika.
ajay sethi
(Expert) 09 April 2012
you ahve not mentioned whether gift was made by hindu or muslim .
The Supreme Court in Mahboob Sohab Vs. Syed Ismail AIR 1955 SC 1205 has examined the essentials of a gift under Mohammedan law and clearly stated that writing is not essential to the validity of a gift either of moveable or immovable property under Mohammedan law. I may also add that the Karnataka High Court recently in K.M. Kahdir Ahmed Vs. Suriya Parveen MANU/KA/0069/2009 has held that once the oral gift under the Mohammedan Law is held to be valid, the court cannot enter into the controversy which in that case revolved around the non-payment of the requisite stamp duty on the gift deed (oral “Hiba’).
Sailesh Kumar Shah
(Expert) 09 April 2012
If that old man is muslim, then gift is valid otherwise no. Mr.Ajay Sethi has already quoted Judgements regarding this.
M.Sheik Mohammed Ali
(Expert) 09 April 2012
even though he is old muslim man, when he was pronounced oral gift that time must heard two witness.
