Supreme Court of India · 2016-02-01
KHURSIDA BEGUM (D) BY LRS vs MOHAMMAD FAROOQ (D) BY LRS
- Citation / case number
- SC 2005/18005
- Court
- Supreme Court of India
- Petitioner
- KHURSIDA BEGUM (D) BY LRS
- Respondent
- MOHAMMAD FAROOQ (D) BY LRS
- Author
- ADARSH KUMAR GOEL
- Bench
- ADARSH KUMAR GOEL ANIL R. DAVE
Judgment text excerpt
The Supreme Court examined the validity of a gift deed executed on 24th February 1976 under Muslim Law, specifically addressing the principles of hiba-bil-musha. The Court held that while the gift deed was genuinely executed, it was invalid as it pertained to an undivided share of property and lacked delivery of possession to the donee, thus not fulfilling the requirements of a valid gift under Muslim Law. The appeal was dismissed, affirming the lower courts' findings regarding the invalidity of the gift deed.