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In which case did the Supreme Court uphold a Muslim gift of immovable property where the writing…

In Hafeeza Bibi v. Shaikh Farid, the Court found declaration, acceptance and delivery of possession. The writing evidenced the transaction. Section 129 of the Transfer of…

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In which case did the Supreme Court uphold a Muslim gift of immovable property where the writing evidenced the gift and the essentials of declaration, acceptance and delivery of possession were satisfied?

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Answer and explanation

Correct answer A

In Hafeeza Bibi v. Shaikh Farid, the Court found declaration, acceptance and delivery of possession.

The writing evidenced the transaction. Section 129 of the Transfer of Property Act preserves the rules of Muslim law concerning such gifts.

Authority — Hafeeza Bibi v. Shaikh Farid, 2011 INSC 357.

Option feedback

Option A

Hafeeza Bibi upheld the gift upon finding all three essentials and held that the writing in that case did not require registration.

Option B

Bibi Fatima concerned competing claims to possession and title, including the effect of a registered lease.

Option C

Shayara Bano addressed instant triple talaq.

Option D

Mahboob Sahab discusses the same essentials. The claimed gift in that case failed for lack of proof.

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