Case Comment: V. Sreeramachandra Avadhani V. Shaik Abdul Rahim, (2014) 9 SCC 350
- IJLLR Journal
- 5 hours ago
- 1 min read
Palak Maheshwari, LLM, ITM University Gwalior, B.A.LL.B. (Hons.), MNLU Nagpur
Introduction
This judgment of Supreme Court was delivered by two-judge Bench comprising of Justice Jagdish Singh Khehar, Justice Rohinton Nali Fariman. In this case comment, researchers shall deal with the aspect of gift under Muslim Law. The basis of the principle of gift is the Prophet’s saying, “Exchange gifts among yourselves so that love may increase.”
Thus, gift is the exchange of property for which other party does not pay consideration. There are two parties required for the transfer, one person who transfers the property called as Donor and the one who accepts the same by himself or by someone authorized on his behalf called Donee. By means of this transfer, the donor renounces all his title and rights in the property gifted away of his independent free will.
Facts of the Case
Sheikh Hussein Banu Bibi was married to Sheikh Hussein according to Muslim personal laws. During the subsistence of their marriage, a gift deed also known as Hiba was executed by Sheikh Hussein, whereby a “tiled house” with open space was gifted to Banu Bibi out of love and affection. Sheikh Hussein, the sole owner of the house gifted it to her with the condition of no power of alienation meaning thereby:
