The Jammu and Kashmir High Court has clarified that under Muslim personal law, the registration of a gift deed does not automatically make the gift valid. The ruling emphasizes that the core requirements—declaration by the donor, acceptance by the donee, and delivery of possession—must all be met for a gift to be legally recognized.
The court was dealing with a second appeal where the appellate court had reversed the trial court’s verdict. The trial court had earlier accepted the validity of the gift, but the appellate court disagreed, citing a lack of evidence regarding possession and questioned the legitimacy of the gift deeds.
Justice Javed Iqbal Wani, while delivering the judgment, observed:
“A gift under Muslim Law is valid even if it is written on plain paper, as long as there is a clear declaration by the donor, acceptance by the donee, and delivery of possession of the property.”
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The judge noted that although the gift was registered, that alone does not fulfill the legal requirements of a valid gift under Muslim law. The court stated:
“Registration under Section 17 of the Registration Act is not mandatory if the gift does not satisfy the essential conditions under Muslim law.”
In this case, the petitioners argued that the gift was initially oral and later documented, meaning formal registration was unnecessary. They also claimed they had already taken possession and that the gift was confirmed through declarations made before a religious figure.
However, the court found that the gift deeds did not clearly establish whether the crucial element of possession was fulfilled. As a result, the matter was sent back to the appellate court for fresh consideration.
The court referred to the Supreme Court’s decision in Hafeeza Bibi v. Sheikh Farid, which held:
“The fact that a gift by a Muslim is written down does not make it a formal gift deed unless it complies with the conditions of a valid gift.”
Background of the Case
The plaintiffs (appellants) claimed ownership over 14 Kanals and 11 Marlas of land in Shilwat, Sonawari, and a house in Barbarshah, Srinagar. They stated the deceased father had orally gifted the properties in 1987, 1988, and 1989, and that mutation records were updated accordingly.
They further claimed adverse possession and added that their father had made formal gift declarations in front of a religious authority. The trial court initially ruled in their favor, but the appellate court reversed the decision, raising doubts over the delivery of possession and the authenticity of the gift deeds.
With this verdict, the High Court has reaffirmed that Muslim personal law places greater emphasis on intention and possession rather than mere paperwork or registration.
APPEARANCE
H. U Salathi, Advocate For Petitioner
Hakim Suhail For Respondents
Case-Title: Abdul Majid Bhat vs Gulzar Ahmad Bhat , 2025
