Supreme Court: Registration of gift not required under Mohammedan Law

The court in the case stated that it valid requisites of the gift (declaration, acceptance, and possession) are fulfilled, then the validity of the gift cannot be affected even if it remains unregistered

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The Supreme Court in the case Mansoor Saheb (Dead) And Ors. Versus Salima (D) By Lrs And Ors observed and has reiterated that the registration of gifts (Hiba) is not required under Mohammedan Law.

The court in the case stated that it valid requisites of the gift (declaration, acceptance, and possession) are fulfilled, then the validity of the gift cannot be affected even if it remains unregistered.

The court also stated that the registration of gift is not required under Mohammedan Law and, the unwritten and unregistered gift executed by the donor in favour of donees is valid.

The essential requisites of a valid gift are:

1. The gift has to be necessarily declared by the person giving the gift, i.e., the donor;

2. Such a gift needs to be accepted either impliedly or explicitly by or on behalf of the donee; and