Law: Transfer of Property Act, 1882

Section: 122

Law: Specific Relief Act, 1877

Section: 42,12

Law: Civil Procedure Code (V of 1908)

Section: 11

(a) Transfer of Property Act (IV of 1882)--- ----S.122---Specific Relief Act (I of 1877), Ss.42 12---Gift---Counter deeds---Registered document, evidentiary value of---Suit for declaration, specific performance and perpetual injunction/Appellant challenged the validity of registered gift-deed on ground of unsound mind of donor and element of pressure and coercion of the respondent and claimed his title on basis of unregistered gift-deed---Trial court rejected the plaint for having no cause of action---High Court dismissed the appeal---Maintainability---Document relied upon by the plaintiff/appellant failed to attain the status of a gift-deed being an unregistered document---On basis of such document neither a decree of specific performance of contract could be sought nor validity of a registered document could be challenged---Registered document (in favour of respondents) had preference over unregistered document (in favour of appellant), hence the latter document lost its evidentiary value in presence of the earlier---Supreme Court dismissed the appeal accordingly. (b) Islamic law--- ----Hiba, defined---Essentials of---Delivery of possession, over-riding effect of---Hiba was an unconditional transfer of ownership in any existing property made immediately without any consideration during donors life time and accepted by/on behalf of the donee---Delivery of possession had an over-riding affect in Islamic Law---Islamic law did not presume transfer of ownership rights from donor to the donee without the actual delivery of possession of the property. Al-Hedaya D.F. Mullah on Muhammadan Law ref. (c) Gift--- ----Gift, essentials of---Declaration, delivery of possession and without consideration---Any deed which involved any sort of consideration in lieu of the transfer, would not fall under the definition of a gift---Declaration of a gift must be expressly made in clear words that the donor as conceding his ownership to the property completely---Gift made in ambiguous words was null and void---Without the delivery of actual possession to the donee, the gift was void even if it was made through a registered deed. (d) Civil Procedure Code (V of 1908)--- ----O.VII,…

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