VidhiSangh

Supreme Court of India · 19/12/2024

MANSOOR SAHEB (DEAD) & ORS. versus SALIMA (D) BY LRS. & ORS.

[2024] 12 S.C.R. 923

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court held that under Mohammedan law an owner cannot partition his property among his heirs during his lifetime, since heirs acquire rights only on his death; a lifetime transfer must be by a valid gift (hiba). The defendants' claim of an oral gift failed because the donor's clear declaration of intention was not proved, and a mutation entry recording a 'partition' could neither be read as a gift nor confer title. The partition decree giving the plaintiffs a 1/6th share was confirmed.

Issues

  1. Whether a Muslim owner can, during his lifetime, transfer his property to his heirs by way of partition.
  2. Whether the essential requisites of a valid oral gift (hiba) under Mohammedan law were proved in favour of the owner's sons.
  3. Whether a mutation entry describing the transaction as a partition can be read as evidencing a gift, and what evidentiary value a mutation entry has on title.

Provisions considered

Held

Result

Appeals dismissed; the Trial Court's partition decree in O.S. No. 140 of 1988, as confirmed by the High Court, upheld; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2024] 12 S.C.R. 923.