Browsing: personal law
Madras HC: Juvenile Justice Act Overrides Muslim Personal Law on Adoption, Says Adopted Child Equal to Biological Child
Madras High Court held that the Juvenile Justice (Care and Protection of Children) Act, 2015 prevails over Muslim personal law for adoptions, and that upon an…
The Supreme Court of India, in Nawang & Anr. v. Bahadur & Ors. (2025), reaffirmed that the Hindu Succession Act, 1956 (HSA) does not apply to…
The Supreme Court clarified key principles on oral gifts (Hiba) under Mohammedan law in *Dharmrao Sharanappa Shabadi v. Syeda Arifa Parveen* (October 7, 2025). It ruled that oral gifts cannot be “surprise instruments” and must meet three simultaneous conditions: donor’s declaration, donee’s acceptance, and delivery of possession. Without evidence like mutation or acts of ownership, the gift claim fails. The Court set aside the Karnataka High Court ruling and held the 2013 suit time-barred, stressing strict proof and possession as decisive for validating Hiba claims.
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