Muslim Law – Mohammedan law- Gift –Three essential elements which are necessary for a valid gift deed. They are: a) The gift has to be necessarily declared by the person giving the gift, i.e., the donor; b) Such a gift has to be accepted either impliedly or explicitly by or on behalf of the donee; and c) Apart from declaration and acceptance, there is also a requirement of delivery of possession for a gift to be valid- Registration of gift is not required under Mohammedan Law and, the unwritten and unregistered gift executed by the donor in favour of donees is valid. (Para 27) Under Mohammedan Law, a gift is to be effected in the manner laid down under the law. If the conditions prescribed by that law are fulfilled, the gift is valid, even though it is not effected by a registered instrument. But if the conditions are not fulfilled, the gift is not valid even though it may have been effected by a registered instrument. Therefore, a valid gift could be made by oral statements as well so long as the three requirements as discussed above are met thereby. This is because registration is not a requirement which obviates the need for a gift to be reduced in writing. (Para 25-28)
Words and Phrases – Partition and Gift – ‘Partition’ and ‘gift’ are two terms that have different requisites, require different circumstances, and bear different consequences. Partition is the division of property among co-owners, whereas gift is a voluntary transfer of existing property made voluntarily without consideration. (Para 31)
Mutation Entry – the purpose of mutation entry is only limited to revenue records. They do not, in any way, translate to or confer any title in regard to the subject matter property. (Para 35)
Interpretation of deeds -The words used in a document have to be understood in their natural meaning with reference to the language employed. While interpreting any document, common or usual meaning is ascribed to the words unless that leads to absurdity. (Para 33)
Islamic Law – Islamic Law has four sources— (i) Quran (ii) Hadith (iii) Ijma and (iv) Qiyas- All Islamic personal law has to derive from these four sources. There is a generally acknowledged division among these four sources as well. The Quran is pre-eminent and deserving of all primacy followed by the other three in that very order. (Para 18)
Mohammedan law- The doctrine of partial partition does not apply to Mohammedan Law as the heirs therein are tenants-in-common. Succession is to a definite fraction of the estate in question- The right of an heir-apparent comes into existence for the first time on the death of the ancestor, and he is not entitled until then to any interest in the property to which he would succeed as an heir if he survived the ancestor. (Para 17)