AIROnline 2024 SC 833

Supreme Court Of India

(From : Karnataka)

Hon'ble Judge(s): C. T. Ravikumar, Sanjay Karol , JJ

(A) Muslim Law - Partition - Partition of property - Legality - While a person is alive, partition of property between him and his heirs is impermissible under Mohammedan Law - Only way permissible to original owner to have given two parts of his property to his two sons would have been through hiba - Plea of ownership by partition could not be accepted.D/-13-01-2006 (KAR)-AffirmedAIR 2017 SC 4609-Relied onAIR 1973 SC 554-Followed (Para 20 21) (B) Muslim Law - Hiba - Proof of - Words in the mutation entry indicated intention to divide property into three parts without any indication of intent to gift property to the sons - Further, purpose of mutation entry, is only limited to revenue records and same does not confer any title - 'Declaration of clear and unequivocal intention' which is a primary requirement of gift was not proved - Testimonies of witnesses did not offer any relevant details to show that donor possessed requisite intent and with that intent, he made declaration in favour of his sons - Oral gift was not proved. (Para 28 34 36) .....