
Can an oral gift (Hiba) of immovable property, claimed decades later, stand its ground against consistent documentary evidence of possession and the bar of limitation?
Key Takeaways:
✅ Supreme Court clarifies that oral gifts under Mohammedan Law require clear proof of possession and mutation in revenue records to be valid.
✅ Mere oral claims or long-delayed assertions, without public acts of ownership, cannot override registered titles or established possession.
✅ The law favours those who safeguard their rights — late claims unsupported by documents face legal hurdles.
Statutes/Sections Cited:
* Indian Evidence Act, 1872 - Section 50, 73
* Transfer of Property Act, 1882 - Section 129
* Limitation Act, 1963 - Article 58 & 59 #PropertyLaw #SupremeCourt #EvidenceAct #LimitationAct #MuslimLaw