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february 2016

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.

KHURSIDA BEGUM (D) BY LRS vs MOHAMMAD FAROOQ (D) BY LRS · Niyam