NABEESA M Vs. THAHSIDAR

JUDGEMENT

(1.) Petitioner owns 3.24 ares of land in Old Sy.No.105/5 of Ottapalam-II Village. She is residing in the house situated in the said property. The property originally belonged to the petitioner's maternal aunt Smt.Khadeeja, who got jenmam right over the property as per sale deed No.3191/1992 of SRO, Ottappalam. Smt.Khadeeja orally gifted the property to the petitioner on 17/1/2020 and entrusted the original sale deed in her favour to the petitioner. The petitioner thereby accepted the gift and took exclusive possession. Smt.Khadeeja thereafter executed Ext.P2 gift deed on 6/2/2020 in favour of the petitioner. On 9/2/2021, Khadeeja was murdered by the petitioner's sister and her son. On 12/9/2021, the petitioner submitted Ext.P3 application for transfer of registry and for remitting the basic tax. The application was rejected as per Ext.P4 by the 2nd respondent, stating that the gift deed was unregistered. Hence this writ petition.

(2.) The Counsel for the petitioner contends that Mohammedan Law recognises an oral gift, if the three essential characteristics (1) declaration of the gift by the donor, (2) acceptance of the gift by the donee and (3) delivery of possession, are satisfied. The Mohammedan law does not require a gift to be in writing. Reliance is placed on the decision of the Hon'ble Supreme Court in Hafeeza Bibi and Ors. v. Shaikh Farid (Dead) by LRs. and Ors. [(2011)5 SCC 654].

(3.) Heard both sides.