Browsing: property law
News summary In a significant ruling in 2024, the Supreme Court of India clarified how review petitions should be handled in cases that were decided based…
Supreme Court: Simple Injunction Suit Not Maintainable When Plaintiff Lacks Possession & Property Title Is Disputed
News summary In a recent Supreme Court decision (S. Santhana Lakshmi & Ors. v. D. Rajammal), the Court clarified that a suit for simple injunction is…
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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