Niyam v2 is live — start for just ₹100 — 200 credits to try

september 2009

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.

Azrith Bivi & Anr vs Chinnathambi(Dead) Through Lrs · Niyam