Facts: Case of Respondent-Plaintiff was that Wali Mohd., father of Respondent No. 1 had purchased two plots and along with Respondent No. 1 got disputed house constructed which was gifted to Respondent No. 1 through an oral gift and he was put in possession.

Issue: Whether an oral gift is permissible under Mohammedan law?

View: It was observed that Under the Mohammedan law, no doubt, making oral gift is permissible. The conditions for making valid oral gift under the Mohammedan law are: (i) there should be wish or intention on the part of the donor to gift; (ii) acceptance by the donee; and (iii) taking possession of the subject matter of the gift by the donee.

Held: The Apex Court held that Respondent-Plaintiff claimed right to suit property by virtue of oral gift in favour of Respondent No. 1. Respondent-Plaintiff had not proved as to how at time of oral gift, possession was delivered to him. Nothing was brought on record to show that Respondent No. 1-Shami Mohd. had taken any steps to get property mutated in his name. Likewise, nothing was brought on record to show that pursuant to oral gift, Respondent-Plaintiff collected rent from tenants or paid house tax, water tax, etc. Essential conditions to make a valid gift under Mohammedan law had not been established by Respondent-Plaintiff to prove oral gift in his favour. In absence of any proof to show that possession of suit property was delivered to him, oral gift relied upon by Respondent-Plaintiff ought not to have been accepted by courts below.  (CA No. 1007 of 2013 dt 14.12.2018

Editorial: Refer Ajambi v. Roshanbi and Ors. (2017) 11 Supreme Court Cases 544 the Court held that the Document recording division of properties amongst Muslim family may not be registered.

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