Registration of Gift Deed does not make it valid under Muslim law without declaration or formal acceptance of property: High Court

26/04/2025

SRINAGAR, Apr 25: The Jammu and Kashmir High Court held that merely because the gift under muslim law is a registered one does not obivate the possibility of the gift being invalid. The court said that what is important in muslim law while executing a gift deed is that all the essential conditions required to valid gift are present.
The court was hearing a 2nd appeal against order passed by the appellate court, which reversed the trial court's decision if declaring gift as valid citing lack of possession evidence and invalidity of gift deeds.
A bench of Justice Javed Iqbal Wani observed that in muslim gift is valid even if same is reduced on plain paper if there is valid declaration by the donor of the gift, and corresponding acceptance of the gift by the donee and subsequent delivery of the gift property.
The court added that the registration of gift is not the essential condition for making the gift and even if there is registration of gift in any cases but the conditions are not met the same will be invalid.
The court said that observations made by the Appellate court in this behalf that registration in terms of the Section 17 of the Registration Act was mandatory qua the gift deeds in question is patently dehors the aforesaid legal position and therefore legally unsustainable.
The petitioner argued that The gift was oral and later declared in writing; thus, registration was not required under Muslim Law. The plaintiffs said they were already in exclusive possession, and the declarations confirmed this.
The court however said that even otherwise the gift deeds in this case did not conclusively establish whether these essentials, especially delivery of possession, were met. Therefore, necessitating the remanding of the matter back to Appellate court with a direction to proceed in the matter afresh in accordance with law.
The court for its decision relied on Hafeeza Bibi v. Sheikh Farid wherein it was observed that merely because the gift is reduced to writing by a Mohammadan instead of it having been made orally, such writing does not become a formal document or instrument of gift.
BACKGROUND:
The plaintiffs (appellants) claimed ownership of 14 Kanals and 11 Marlas of land at Shilwat, Sonawari, and a house at Barbarshah, Srinagar, originally owned by the deceased (father of both parties).
They alleged that the land was orally gifted to them by the deceased in 1987, 1988, and 1989, and mutations were attested accordingly.
The plaintiffs also claimed adverse possession and stated the donor made formal declarations before a religious authority. The trial court decreed the suit in their favor.
The defendant (respondent) challenged the decree before the Appellate Court, which reversed the trial court's decision, citing lack of possession evidence and invalidity of gift deeds.

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