Supreme Court Upholds Oral Gifts Under Mohammedan Law

The Supreme Court has affirmed that, under Mohammedan Law, an oral gift, or 'hiba,' doesn't necessitate a written document for its validity. This ruling underlines that the essential conditions include the donor's clear intent to give, acceptance by the donee, and the donee's possession of the gift.

Justices Ahsanuddin Amanullah and S V N Bhatti emphasized that such a gift becomes complete and irreversible if these conditions are met. The bench clarified that writing down a gift does not alter its nature, and a document is not mandatory unless all conditions are satisfied, particularly the delivery of possession.

The court pointed out that evidence of possession, whether actual or constructive, is critical. Instances such as the mutation of the donee's name in revenue records may signify constructive possession. The ruling came in a case concerning the partition and possession of agricultural land in Karnataka's Gulbarga district, highlighting the importance of actions and control by the donee in proving valid possession.

(With inputs from agencies.)