Registration Of Gift Not Required Under Mohammedan Law : Supreme Court

The Supreme Court reiterated that the registration of gifts is not required under Mohammedan Law. “Thus, registration of gift is not required under Mohammedan Law and, the unwritten and unregistered gift executed by the donor in favour of donees is valid.” The essential requisites of a valid gift are: - "a) The gift has to be necessarily declared by the person giving the gift, i.e., the donor; b) Such a gift has to be accepted either impliedly or explicitly by or on behalf of the donee; and c) Apart from declaration and acceptance, there is also a requirement of delivery of possession for a gift to be valid." Background The bench comprising Justice CT Ravikumar and Justice Sanjay Karol was hearing an appeal filed against the Karnataka High Court's decision that affirmed the trial court's decision refusing to grant ownership rights to the Appellants based on the partition made by One Sultan Saheb via oral gift. The Court observed that while a gift under Mohammedan Law does not require registration and can be made orally, the partition of property during the owner's lifetime is impermissible. Citation : 2024 LiveLaw 1023 Related Report: Partition Of Property During Owner's Lifetime Impermissible In Mohammedan Law : Supreme Court