Khursida Begum (D) By Lrs & Ors vs Mohammad Farooq (D) By Lrs & Anr

The Supreme Court examined the validity of a gift deed executed on 24th February 1976 by Hazi Azimuddin in favor of Rafiuddin, ruling that while the gift was duly executed, it was invalid under Muslim Law as it involved an undivided share of property (hiba-bil-musha) and lacked actual or symbolic possession transfer to the donee. The Court held that the plaintiff was entitled to recover one-third of the rent but the gift deed itself could not confer ownership rights due to the nature of the property. The appeal was dismissed, affirming the lower courts' decisions.