1995 A I H C 2981 ::(1995) 1 CivLJ 619 ::(1996) 1 CivilCourtC 105 ::1995 All CJ 1 108 ::(1995) 21 MarriLJ 367 ::(1996) 2 LJR 110 ::(1995) 2 CurCC 22

Allahabad High Court

Hon'ble Judge(s): S.p. Srivastava , J

Muslim Law - Gift - Oral conveyance of immovable property worth more than Rs. 100/- by husband to wife in lieu of dower debt - Invalid.Muslim Law - Mahr - Meaning of Transfer of Property Act (4 of 1882) , S.54, S.122— The oral gift to the wife in lieu of dower debt in our country cannot be treated to be a true 'Hiba-Bil-Iwaz' but is a sale as defined under S.54 of the Transfer of Property Act. A transfer of an immovable property by a Muhammadan husband in favour of his wife discharging the dower-debt does not involve two reciprocal gifts but is only one contract. 'Such Hiba-Bil-Iwaz' as recognised in our country is a sale within the meaning of S.54 of the Transfer of Property Act and unless made by a written instrument duly registered, it cannot convey title to the person in whose favour it is made. Consequently an oral conveyance of an immovable property worth more than Rs. 100/-by Muhammadan husband in favour of his wife in lieu of dower cannot be held to be valid. Transfer of property by the debtor to the creditor in payment of the debt constitutes a sale and this principle equally applies to the transfer of a property by a Muhammadan husband in favour of his wife towards payment of her ascertained dower debt. .....