Oral Gift Claim Rejected: Supreme Court Upholds Lower Court Verdict in Property Dispute

The Supreme Court of India, in the case of Sheikh Yakub (D) by LRs. vs. Sakinabi (D) by LRs., upheld the decisions of the trial court and the High Court, dismissing the claim of an oral gift. The case revolved around a property dispute where the appellant, Sheikh Yakub, claimed ownership based on an alleged oral gift. The Court, however, found that the donee failed to prove the claim and upheld the lower courts’ findings.

Background of the Case

The dispute concerned a property that was allegedly gifted orally by its original owner, Mariyambi. The appellant, Sheikh Yakub, contended that the property was transferred through an oral gift, which is recognized under Muslim personal law. However, the respondent, Sakinabi, challenged this claim, arguing that there was no credible evidence supporting the gift.

The case initially went before the trial court, where it was held that Mariyambi could not prove the oral gift. The High Court upheld this finding, leading to the present appeal before the Supreme Court.

Legal Issues Considered

• Whether an oral gift can be legally valid under Muslim personal law.
• The standard of proof required for establishing an oral gift.
• The significance of documentary evidence such as sale deeds and property records.

Arguments Presented

Arguments by the Appellant (Sheikh Yakub)

• The appellant contended that under Muslim personal law, an oral gift is valid if it meets the conditions of offer (Ijab), acceptance (Qubool), and possession (Qabza).
• It was claimed that Mariyambi had indeed made an oral gift of the property in favor of the appellant.
• The appellant argued that the sale deed executed by Mariyambi in 1978 should not negate the oral gift, as there was a long-standing understanding that the property had been transferred.

Arguments by the Respondent (Sakinabi)

• The respondent countered that there was no concrete evidence to prove the oral gift.
• They pointed out that Mariyambi, despite being the alleged donor, had not appeared in court to testify regarding the oral gift.
• The sale deed executed in 1978 did not mention any prior oral gift, weakening the appellant’s claim.
• The respondent also emphasized that the Record of Rights did not support the appellant’s assertion, further discrediting the claim of an oral gift.

Supreme Court’s Observations

The Supreme Court examined the evidence and the principles governing oral gifts under Muslim personal law. The Court noted:

“The trial court and the High Court have entered a clear finding that late Mariyambi could not prove the factum of oral gift. Despite being the donee, she did not mount the box to prove the oral gift. The Sale Deed executed by her in the year 1978 does not trace her title to the oral gift. The Record of Rights also does not support the case of Mariyambi on the oral gift.”

The Court found that the appellant failed to satisfy the essential requirements for an oral gift under Muslim law. The absence of the donor’s testimony and the lack of documentary evidence weighed heavily against the claim.

Legal Precedents Considered

The Court referred to several precedents on oral gifts under Muslim law, emphasizing that oral transfers of property require strong proof to be legally enforceable. Past rulings have held that an oral gift must be established through clear and convincing evidence, failing which it cannot override written records such as sale deeds and government records.

Supreme Court’s Ruling

The Supreme Court, after reviewing all the arguments and evidence, ruled as follows:

• The claim of an oral gift was not proven satisfactorily.
• The absence of witness testimony from Mariyambi significantly weakened the appellant’s case.
• The sale deed executed in 1978 did not mention any previous oral gift, undermining the credibility of the claim.
• The Record of Rights did not reflect any ownership transfer based on an oral gift.

Based on these findings, the Supreme Court ruled:

“Therefore, we do not find any justification to disturb such findings in the absence of any other counter evidence. The appeal is, hence, dismissed.”

Impact of the Judgment

The ruling reinforces the importance of substantiating claims of oral gifts with credible evidence. It establishes that:

• Oral gifts, though legally valid under Muslim personal law, must be proven with clear evidence.
• The absence of documentation or witness testimony can lead to the rejection of such claims.
• The Court places significant weight on official records such as the Sale Deed and Record of Rights when adjudicating property disputes.

Conclusion

This case highlights the legal hurdles in proving oral gifts and serves as a cautionary precedent for those relying on undocumented property transfers. The Supreme Court’s decision upholds the principle that legal claims must be backed by substantial proof, ensuring fairness in property disputes.

Petitioner Name: Sheikh Yakub (D) by LRs..
Respondent Name: Sakinabi (D) by LRs..
Judgment By: Justice Kurian Joseph, Justice Sanjay Kishan Kaul.
Place Of Incident: India.
Judgment Date: 11-07-2018.

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