Law: Transfer of Property Act (IV of 1882)

Section: 122 , 123 , 17

  Transfer of Property Act (IV of 1882)--- ----Ss. 122 & 123---Muhammadan Law---Gift---Oral gift---Validity of---Earlier declaration of oral gift, later on was put to writing in form of deed of gift affirming oral gift and consequential delivery of possession to donee ---Such document did not require any registration---Donor's name also was duly entered in relevant column of Form of Excise pertaining to owner of property---Gift in favour of donee was valid and mutation of same could not be-declined, even if gift deed was not duly registered--Even if name of donor was not entered in relevant column of Form of Excise pertaining to owner of property, possessory title of property, unless prohibited by law, could be transferred: Registration Act (XVI of 19(18)--- ----S. 17---Deed of gift which is merely a declaration affirming an earlier oral gift and the consequential delivery of possession does not require registration. Dr. Hameed Ahmed Ayaz for Applicant. Nemo for Respondents, Date of hearing: 8th April, 1991 JUDGMENT This Revision Application is directed against the conceurrent findings of the learned two Courts below to   the effect that the applicant was not entitled to any relief in respect of the disputed property. On facts, applicant/plaintiff is a grandson of Mst. Rehmat Bibi wife of Qutubuddin, who is said to have gifted the disputed property to him, as evidenced in a Deed of Gift transcribed on 8-4-1985. At the relevant time, however, the applicant/plaintiff was a minor and delivery of possession was taken for him by his mother. On attaining majority, the applicant/plaintiff sought mutation' of his name in the Excise and Taxation record but the respondent No.2 declined the same. such mutation, allegedly, being of a disputed nature. According to Dr. Hamid Ahmed Ayaz this dispute was raised by the respondent No-1 who is son of Mst. Rehmat Bibi, above-referred and father of the applicant/plaintiff. Accordingly, the suit from which this Revision Application arises was filed. In such suit, at the interlocutory stage, through counter-affidavit, the respondent No.1 admitted the title of the applicant/plaintiff, whereupon the…