https://www.taxtmi.com/caselaws?id=459187 A claim of oral gift/Hiba under Sunni personal law requires proof of declaration by the donor, acceptance by the donee, and delivery of possession, and the appellant failed to establish those elements with consistent evidence. The plea was raised belatedly, the alleged witnesses to the gift were not identified, and the record did not show delivery of possession. On possession, the respondent could rely on better entitlement to possession despite unregistered transaction documents, as the owner did not object to recovery of possession and the existing record supported the decree. The decree for possession and mesne profits was therefore maintained. en-us Thu, 23 Aug 2018 00:00:00 +0530 Wed, 04 Dec 2024 21:50:06 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=459187 A claim of oral gift/Hiba under Sunni personal law requires proof of declaration by the donor, acceptance by the donee, and delivery of possession, and the appellant failed to establish those elements with consistent evidence. The plea was raised belatedly, the alleged witnesses to the gift were not identified, and the record did not show delivery of possession. On possession, the respondent could rely on better entitlement to possession despite unregistered transaction documents, as the owner did not object to recovery of possession and the existing record supported the decree. The decree for possession and mesne profits was therefore maintained. Case-Laws Indian Laws Thu, 23 Aug 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=459187