Citation of the Case:
Court: Supreme Court of India
Case Title: Mansoor Saheb (Dead) & Ors. v. Salima (D) by LRs. & Ors.
Case No.: Civil Appeal Nos. 4211 of 2009 and 4213 of 2009
Date of Judgment: December 19, 2024
Judges: Justice C.T. Ravikumar and Justice Sanjay Karol
Facts of the Case:
The case revolves around a dispute concerning the inheritance and partition of property under Mohammedan law. The suit properties, comprising agricultural land and house property, were owned by Sultan Saheb, who passed away in 1978. Sultan Saheb had children from two marriages. His second wife predeceased him, leaving three children: Mansoorsaheb, Sikandar, and Rabiyabi. The plaintiffs are the children of Rabiyabi, and they filed a partition suit claiming their rightful share in the properties. The defendants contended that Sultan Saheb had orally gifted portions of the property to his sons, a claim supported by a mutation entry. The trial court ruled against the defendants, and the High Court upheld the trial court’s decision.
Contentions of the Appellants:
The appellants argued that Sultan Saheb had divided the property among his heirs during his lifetime through an oral gift, which was reflected in a mutation entry. They asserted that the essentials of a valid gift under Mohammedan law—declaration, acceptance, and delivery of possession—had been fulfilled. The appellants also contended that under Mohammedan law, a written document is not necessary to validate a gift of immovable property, relying on precedents to substantiate their claims.
Contentions of the Respondents:
The respondents disputed the validity of the claimed oral gift, asserting that the mutation entry referred to a “partition” rather than a gift. They emphasized that Mohammedan law does not recognize partition during the lifetime of the property owner. Further, they argued that the essentials of a valid gift, particularly a clear declaration of intent, were not fulfilled, and no credible evidence supported the appellants’ claims.
Issues:
- Whether the owner of a property under Mohammedan law can transfer property to heirs by way of partition during their lifetime?
- Whether the requisites of a valid gift under Mohammedan law were fulfilled in this case?
- Whether the mutation entry indicating a “partition” could be construed as evidence of an oral gift?
Observations/Findings by the Supreme Court:
The Court held that Mohammedan law does not permit partition of property during the lifetime of the owner. Succession rights arise only after the owner’s death, and any attempt to partition property during their lifetime is invalid. The Court also analysed the requirements for a valid gift under Mohammedan law—declaration, acceptance, and delivery of possession—and concluded that these elements were not adequately established in this case. The mutation entry, which referred to a “partition,” could not be interpreted as a gift, as the nomenclature and intention reflected in the document were inconsistent with the requirements of a gift.
Principles Laid Down:
- Mohammedan law does not recognize partition during the lifetime of the property owner.
- For a valid gift under Mohammedan law, there must be a clear declaration of intent, acceptance by the donee, and delivery of possession.
- A mutation entry is merely a revenue record and cannot confer or extinguish title or be used as conclusive evidence of ownership or gift.
Final Order:
The Supreme Court dismissed the appeals, affirming the decisions of the trial court and the High Court. The Court held that the claimed oral gift was invalid, and the respondents (plaintiffs) were entitled to their shares as determined under Mohammedan law.
Importance of This Judgment to Society:
This judgment reinforces the principles of Mohammedan inheritance law, ensuring that the rights of heirs are protected according to established legal frameworks. It underscores the need for clear and unequivocal evidence when claiming an oral gift and emphasizes the limitations of mutation entries as evidence of ownership. By clarifying the distinction between partition and gift under Mohammedan law, the judgment promotes legal certainty and safeguards the interests of vulnerable heirs, such as women and children, who might otherwise be deprived of their rightful inheritance.
