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.