Supreme Court of India · 2014-10-10
Rasheeda Khatoon (D) Through Lrs vs Ashiq Ali (D) Through Lrs
- Citation / case number
- AIR 2015 SC (CIV) 226
- Court
- Supreme Court of India
- Petitioner
- Rasheeda Khatoon (D) Through Lrs
- Respondent
- Ashiq Ali (D) Through Lrs
- Author
- Dipak Misra
- Bench
- Vikramajit Sen, Dipak Misra
Judgment text excerpt
The Supreme Court held that an oral gift, as per the principles of property law, can be valid if accompanied by possession and acceptance, as established under Section 123 of the Transfer of Property Act, 1882. The Court found that Rasheeda Khatoon had established her ownership through both oral and written gifts from Abdul Haq, and her continuous possession was acknowledged by tenants. The Court ruled in favor of the plaintiff, restoring her possession of the property and rejecting the defendants' claims of ownership.