KHURSIDA BEGUM (D) BY LRS. & ORS. Vs. KOMAMMAD FAROOQ (D) BY LRS. & ANR.
SUPREME COURT OF INDIA
Khursida Begum (D) By Lrs. And Ors.
Komammad Farooq (D) By Lrs. And Anr.
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(1.) Validity of gift deed dated 24th February, 1976 executed by late Hazi Azimuddin in favour of the plaintiff Rafiuddin is the sole question for consideration. The courts below have held the same to be a gift of undivided share of property which was capable of division and thus invalid under Muslim Law being hiba-bil-musha. It has also been held that gift was of no effect as possession was not delivered to the donee. Factually, the gift was held to be genuinely executed.
(2.) Facts are as follows : The appellant filed suit for recovery of the amount received by the defendants by way of rent to the extent of one-third share of the plaintiff (based on gift deed in his favour by his father) in the property which was rented out to the tenants. Claim of the plaintiff is that his father late Hazi Azimuddin was the absolute owner of the suit property. In the sale deed, his father got the names of the defendants (brothers of the plaintiff) recorded as owners to the extent of two-third. On 24th February, 1976, he gifted his one-third share to the plaintiff by a registered deed and informed the tenants. After the gift deed, the plaintiff was to get one-third share of the rent. The total rent was Rs.50/- per month. From 1st January, 1977, the defendants received the entire rent and did not pay the plaintiff's share to him. Thus, the plaintiff was entitled to recover one-third of the amount falling to his share.
(3.) The respondents defendants contested the suit denying the validity of the gift deed. It was stated that Hazi Azimuddin was 95 years old suffering from certain ailments and was not in a fit condition to make the gift deed. He had no right in the property and had never recovered any part of the rent. There was an oral family arrangement under which the defendants became the exclusive owners and Hazi Azimuddin relinquished all his rights.;
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