Partition of Property During Owner's Lifetime is Prohibited Under Mohammedan Law: Supreme Court
The Supreme Court, in Mansoor Saheb (Dead) & Ors. v. Salima (D) by LRs. & Ors., reaffirmed that partitioning property via a gift deed during the owner's lifetime is invalid under Mohammedan Law. The Court emphasized that partition is not recognized in Mohammedan Law, and a gift deed lacks validity without a clear declaration from the donor of the intent to make a gift.
The case involved a dispute over property partitioned by Sultan Saheb, who passed away in 1978. The plaintiffs, descendants of Sultan Saheb’s daughter, sought a 1/6th share, arguing exclusion from the revenue records. The defendants claimed Sultan Saheb had orally gifted portions of the property to his sons during his lifetime, which is not permissible under Mohammedan Law.
The trial court dismissed the suit, ruling that partition during the owner's lifetime is not allowed under Mohammedan Law and that the oral gift lacked essential requirements. The High Court upheld this decision, reiterating that partition was foreign to Mohammedan Law.
The Supreme Court, affirming the lower courts' rulings, held that Sultan Saheb's partition was impermissible under Mohammedan Law. While a Muslim can transfer property via a gift during their lifetime, it must meet essential requisites: declaration by the donor, acceptance by the donee, and delivery of possession. The Court found that the mutation entry indicated a partition, not a gift, and Sultan Saheb’s intent to transfer the property as a gift was not evident. Therefore, the appeal was dismissed.