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Supreme Court of India · 2009-03-06

ABDUL RAHIM vs SK.ABDUL ZABAR .

Citation / case number
SC 2008/28239
Court
Supreme Court of India
Petitioner
ABDUL RAHIM
Respondent
SK.ABDUL ZABAR .
Author
S.B. Sinha

Judgment text excerpt

The Supreme Court addressed the interpretation of Islamic Law regarding the validity of a gift under Section 123 of the Transfer of Property Act, 1882, emphasizing that mere execution of a gift deed is insufficient without the delivery of possession. The Court held that the gift made by Haji Sk. Abdullah to his son Razak was valid as he had executed a registered deed and expressed clear intent to transfer ownership, despite the absence of physical possession at the time of the gift. The appeal was dismissed, affirming the High Court's decree in favor of the plaintiff.

ABDUL RAHIM vs SK.ABDUL ZABAR . · Niyam