For Valid Oral Gift (Hiba) Under Mohammedan Law, Public Possession Must Be Proved; Absence Of Mutation Raises Doubt: Supreme Court

The Supreme Court observed that an oral gift ( hiba ) under the Muslim law cannot be projected as a "surprise instrument" to stake claims over a property. To constitute a valid hiba, the Court said, all its necessary ingredients- declaration by donor, acceptance by donee and taking possession of land - are done publicly rather than secretly.

Although oral gift (hiba) is permissible in Mohammedan law, the evidence of acting under the gift - such as collecting rent, holding title, or effecting mutation- is essential to substantiate the claim of possession. Lack of effecting mutation in revenue records can be a crucial factor invalidating such a claim of gift, in the absence of other evidence of possession, the Court said.

It stressed that those claiming rights under a hiba must asser