Mahomedan gift in lieu of mahr held not to be a sale or hiba-bil-iwaz; registration not required.

A land assignment by a husband to his wife at marriage in satisfaction of mahr was treated as a simple Mahomedan gift, not a sale or hiba-bil-iwaz, because the wife furnished no iwaz and the arrangement did not amount to consideration for a transfer. As a Mahomedan gift, it was exempt from registration under the Transfer of Property Act, so no registered instrument was necessary. The validity of the gift still depended on proof of delivery of possession and the applicable rules on mushaa, so that issue remained for trial and the matter was remanded.

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Issues: Whether a land assignment made by a husband to his wife at the time of marriage in lieu of mahr was a sale or hiba-bil-iwaz requiring a registered instrument, or whether it was a simple Mahomedan gift exempt from registration.

Analysis: The consideration for the transfer was not a dower-debt already due, but the fixing of mahr at the time of marriage and the husband's choice to satisfy it by giving land in kind. On that footing, the wife did not furnish any iwaz for the transfer, and the transaction could not be treated as a sale or as hiba-bil-iwaz. A gift by a Mahomedan is exempt from the registration requirements of the Transfer of Property Act, though its validity depends on the rules governing delivery of possession, including the doctrine of mushaa where applicable.

Conclusion: The transfer was a simple gift and not a sale or hiba-bil-iwaz, so no registered instrument was necessary; the issue of delivery of possession remained to be tried and the matter was remanded.

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