Gift Deed Not Valid Under Muslim Law Without Declaration or Acceptance: J\&K HC

Gift Deed Not Valid Under Muslim Law Without Declaration or Acceptance: J\&K HC

The High Court overturned the appellate court’s decision and sent the case back for fresh consideration. It ruled that the appellate court was wrong in insisting on the registration of the gift deeds, as Section 129 of the J\&K Transfer of Property Act exempts Islamic law gifts from such requirements. Referring to the Supreme Court’s decision in Hafeeza Bibi v. Sheikh Farid (2011 SCC 654), the court affirmed that a gift under Islamic law does not require registration to be valid if the three essential conditions are met. However, the High Court did not make a final judgment on whether all three conditions were fulfilled in this case.