Supreme Court of India · 2009-09-16
Azrith Bivi & Anr vs Chinnathambi(Dead) Through Lrs
- Citation / case number
- AIRONLINE 2009 SC 59
- Court
- Supreme Court of India
- Petitioner
- Azrith Bivi & Anr
- Respondent
- Chinnathambi(Dead) Through Lrs
- Bench
- Mukundakam Sharma, G.S. Singhvi, B.N. Agrawal
Judgment text excerpt
The Supreme Court addressed the validity of an oral hiba under Islamic law, affirming that such a transfer of property is valid if made with the intention to gift and is accepted by the donee. The Court held that the findings of the Trial Court and the lower appellate Court regarding the ownership and possession of the property were correct, and the High Court's reversal was unjustified. The appeal was allowed, restoring the decrees of the lower courts in favor of the plaintiffs under the principles of property law and Islamic succession.