TaxTMI Login
AI OCR ✕Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →Just a moment...
AI OCR ✕Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
of 
Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of Press 'Enter' after typing page number.
Issues: Whether an oral transfer of immovable property by a Muslim husband to his wife in lieu of dower debt exceeding Rs. 100 is valid as a gift or combination of gifts, or whether it is a sale requiring a registered instrument under Section 54 of the Transfer of Property Act, 1882.
Analysis: The transfer was held to be a single transaction in which the property was conveyed in consideration of the wife relinquishing part of an ascertained dower debt. Such a transaction was not a pure hiba without consideration, nor could it be split into two independent gifts. It was treated as a hiba-bil-ewaz of the modern type, having the legal incidents of a sale. Since a transfer in exchange for an ascertained debt constitutes a price within Section 54 of the Transfer of Property Act, 1882, the transaction fell within the statutory definition of sale and could not be completed orally.
Conclusion: An oral transfer of immovable property worth more than Rs. 100 by a Muslim husband to his wife in lieu of dower debt exceeding Rs. 100 is not valid as an oral gift and is a sale requiring a registered instrument.
Ratio Decidendi: A transfer of immovable property to a spouse in satisfaction of an ascertained dower debt, where the consideration forms part of the same transaction, is a sale within Section 54 of the Transfer of Property Act, 1882 and cannot be effected orally.
TaxTMI 
TaxTMI 
