Mohammedan Law – Partition during Lifetime – Impermissibility
Under Mohammedan Law, heirs acquire no right in the property during the lifetime of the owner; consequently, partition of property between an owner and his heirs during his lifetime is unknown to and impermissible under Muslim law.
(Paras 2(a), 14–21)
Mohammedan Law – Succession – No Birthright
Unlike Hindu law, Mohammedan law does not recognise any right by birth; heirs succeed only upon the death of the owner, and until then the owner is the absolute master of his property.
(Paras 14–17, 19–20)
Gift (Hiba) – Essentials
For a valid gift (hiba) under Mohammedan Law, three essential requisites must be cumulatively satisfied: (i) clear and unequivocal declaration of gift by the donor, (ii) acceptance by or on behalf of the donee, and (iii) delivery of possession, actual or constructive.
(Paras 23–27)
Gift – Registration – Not Mandatory
A gift under Mohammedan Law need not be in writing or registered; however, absence of registration does not dispense with proof of the three essential requisites of a valid gift.
(Paras 27–28; relying on Hafeeza Bibi v. Sk. Farid)
Mutation Entry – Evidentiary Value
Mutation entries are maintained for fiscal purposes and do not confer, extinguish, or create title; they cannot substitute proof of a valid transfer under personal law.
(Paras 35–36; relying on Sawarni v. Inder Kaur)
Mutation Entry – Nomenclature – Intention
Where a mutation entry expressly records a transaction as ‘partition’, it cannot be recharacterised as a ‘gift’ in the absence of evidence of clear donative intent; partition and gift are conceptually and legally distinct transactions.
(Paras 29–34)
Oral Gift – Proof – Burden
The burden of proving a valid oral gift lies strictly on the person asserting it; vague or unreliable oral testimony, unsupported by contemporaneous evidence of declaration, is insufficient to establish a valid hiba.
(Paras 36–38)
Civil Procedure – First Appellate Court
Where concurrent findings of fact by the Trial Court and the High Court are based on correct appreciation of Mohammedan Law and evidence, interference by the Supreme Court is unwarranted.
(Paras 7–8, 38)
ANALYSIS (Paragraph-wise)
Paras 1–2
The Supreme Court frames two core questions:
(i) whether partition during the lifetime of a Muslim owner is permissible; and
(ii) whether, on facts, a valid gift was proved and whether a mutation entry could evidence such intention.
Paras 3–8 (Factual Matrix)
The dispute concerns agricultural land and house property allegedly divided by Sultan Saheb during his lifetime. Plaintiffs sought partition after his death, while defendants relied on a mutation entry claiming prior partition/gift.
Paras 12–21 (Personal Law & Partition)
Relying on Quranic verses, classical texts, and authoritative commentaries, the Court holds that:
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heirs have no vested or contingent right during the ancestor’s lifetime, and
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partition is conceptually alien to Mohammedan Law during the owner’s lifetime.
The only lawful method for lifetime transfer is hiba, subject to strict conditions.
Paras 23–28 (Law of Gift / Hiba)
The Court consolidates precedent and classical authorities to reaffirm:
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oral gifts are valid,
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registration is unnecessary,
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but all three essentials—declaration, acceptance, and delivery of possession—must coexist.
Paras 29–35 (Mutation Entry)
The Court rejects the argument that the word “partition” in the mutation entry could be read as “gift”.
Key holdings:
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intention must be gathered from the words used,
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mutation entries do not convey title, and
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fiscal records cannot override substantive personal law.
Paras 36–38 (Application to Facts)
The defendants failed to prove:
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any clear declaration of gift by Sultan Saheb, and
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credible supporting evidence.
Even if possession or acceptance were assumed, absence of proven declaration was fatal. The oral gift plea therefore failed.
Paras 38–39
The Supreme Court affirms concurrent findings of the Trial Court and High Court and dismisses the appeals.
RATIO DECIDENDI
Under Mohammedan Law, an owner cannot partition his property among his heirs during his lifetime, as heirs acquire rights only upon his death; lifetime transfer can occur only through a valid gift (hiba), which requires clear declaration, acceptance, and delivery of possession, and a mutation entry describing a transaction as ‘partition’ neither proves a gift nor confers title.
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