New Delhi – The Supreme Court on Tuesday affirmed that a gift, known as ‘hiba’ under Mohammedan Law, does not need to be in writing to be considered valid.
A bench of Justices Ahsanuddin Amanullah and S V N Bhatti clarified that for an oral gift to be complete and irrevocable, three essential conditions must be met. These include a clear expression of the donor’s wish to give, the acceptance of the gift by the person receiving it, and the transfer of the property’s possession, either physically or constructively.
The court emphasized that the delivery of possession is a “critical and necessary element” for a valid gift. It noted that constructive possession can be demonstrated through actions that show a clear intent to transfer control, such as the donor applying to have the property’s ownership mutated in the official revenue records to the recipient’s name.
“A gift under Mohammedan Law does not require a written document to be valid,” the bench stated, adding, “The mere fact that a gift is reduced to writing does not change its nature or character.”
The judgment further explained that courts will look for evidence of the recipient acting on the gift—such as collecting rent or holding the title—to confirm that possession was truly transferred. “The lack of evidence…will lead to proving that a gift was never completed, regardless of any written declaration,” the court observed.
This ruling was issued in connection with a plea concerning the partition and possession of agricultural land in Kusnoor village, Karnataka, which was the subject of an oral gift.
