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.