#Hiba

Chhattisgarh HC upheld the trial court's declaration that a registered gift deed was void under Muslim law where donees failed to prove effective delivery of possession of the entire property. The ruling confirms registration alone cannot perfect a Hiba without actual delivery, and affirmed a permanent injunction protecting the plaintiffs' settled possession.

The Bombay High Court holds that under Muslim Personal Law, a father’s oral partition of property during his lifetime has no legal effect, and any claim of Hiba (gift) requires specific pleading and concrete proof-mutation entries alone cannot establish title. This ruling reinforces procedural rigor in property disputes involving Muslim heirs and closes loopholes for revenue record-based title claims.

Bombay HC reaffirms that under Muslim law, partition of ancestral property during the father's lifetime is invalid and cannot confer valid title on purchasers. Heirs retain inheritance rights even against subsequent bona fide purchasers, reinforcing the primacy of succession over alienation without legal partition. The ruling protects daughters' shares in ancestral property from fraudulent transfers.