Muslim Law | No Need For Husband To Physically Depart From Gifted Property To Validate His Gift For Wife: JKL High Court

The Jammu and Kashmir and Ladakh High Court recently observed that where a husband makes a gift to the wife, either of the matrimonial home occupied by both of them or any other property belonging to him, there is no need for actual physical departure by the donor to execute the Gift. The observations came from Justice Sanjay Dhar while hearing a plea wherein the appellant had challenged the oral gift made by Deceased Mohammad Ashraf Dar to his Wife on the premise that she had not been placed in the exclusive possession of the gifted property as mandated under Muslim personal law. Justice Dhar observed that in this case the relationship between the donee and the donor is of husband and wife and where a husband makes a gift to the wife either of the matrimonial home occupied by both of them or any other property belonging to him, there is no need for any actual physical departure by the donor. The court maintained that since the evidence on record does prove that deceased Mohammad Ashraf Dar was in possession of the property in question, it impliedly means that his wife, defendant No.1, was in possession of the property and that after the execution of oral gift, her husband was looking after the said property on her behalf.