https://www.taxtmi.com/caselaws?id=259027 An oral Hiba by a Muslim donor is valid where declaration, acceptance and delivery of possession are proved, and section 129 of the Transfer of Property Act preserves that rule notwithstanding section 123. On the facts, affidavits and surrounding circumstances supported the conclusion that two residential properties had been gifted away before transfer of the original asset, so they were not counted as the assessee's ownership. As a result, she was treated as owning only one residential house for the proviso to section 54F(1), and the deduction under section 54F was allowable. en-us Fri, 13 Feb 2015 00:00:00 +0530 Tue, 28 Apr 2015 07:46:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=259027 An oral Hiba by a Muslim donor is valid where declaration, acceptance and delivery of possession are proved, and section 129 of the Transfer of Property Act preserves that rule notwithstanding section 123. On the facts, affidavits and surrounding circumstances supported the conclusion that two residential properties had been gifted away before transfer of the original asset, so they were not counted as the assessee's ownership. As a result, she was treated as owning only one residential house for the proviso to section 54F(1), and the deduction under section 54F was allowable. Case-Laws Income Tax Fri, 13 Feb 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=259027