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march 2009

Supreme Court of India · 2009-03-06

Abdul Rahim & Ors vs Sk.Abdul Zabar & Ors

Citation / case number
AIR 2010 SUPREME COURT 211
Court
Supreme Court of India
Petitioner
Abdul Rahim & Ors
Respondent
Sk.Abdul Zabar & Ors
Author
S.B. Sinha
Bench
R.M. Lodha, Asok Kumar Ganguly, S.B. Sinha

Judgment text excerpt

The Supreme Court addressed the interpretation of Islamic Law on Gift, particularly regarding the necessity of possession transfer for a valid gift under Section 123 of the Transfer of Property Act, 1882. The Court held that mere execution of a gift deed does not suffice; actual delivery of possession is essential for the gift to be effective. The appeal was dismissed, affirming the High Court's decision that the gift was valid despite the lack of physical possession transfer at the time of execution.

Abdul Rahim & Ors vs Sk.Abdul Zabar & Ors · Niyam