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Artwork for Nyay Samachar
Nyay Samachar · Oct 30, 2025 · 6 min

Dharmrao Sharanappa Shabadi & ors. vs. Syeda Arifa Parveen 2025 INSC 1187

Can an oral gift (Hiba) of immovable property, claimed decades later, stand its ground against consistent documentary evidence of possession and the bar of limitation? Key Takeaways: ✅ Supreme Court clarifies that oral gifts under Mohammedan Law require clear proof of possession and mutation in revenue records to be valid. ✅ Mere oral claims or long-delayed assertions, without public acts of ownership, cannot override registered titles or established possession. ✅ The law favours those who safeguard their rights — late claims unsupported by documents face legal hurdles. Statutes/Sections Cited: * Indian Evidence Act, 1872 - Section 50, 73 * Transfer of Property Act, 1882 - Section 129 * Limitation Act, 1963 - Article 58 & 59 #PropertyLaw #SupremeCourt #EvidenceAct #LimitationAct #MuslimLaw

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Can an oral gift (Hiba) of immovable property, claimed decades later, stand its ground against consistent documentary evidence of possession and the bar of limitation?


Key Takeaways:

✅ Supreme Court clarifies that oral gifts under Mohammedan Law require clear proof of possession and mutation in revenue records to be valid.

✅ Mere oral claims or long-delayed assertions, without public acts of ownership, cannot override registered titles or established possession.

✅ The law favours those who safeguard their rights — late claims unsupported by documents face legal hurdles.


Statutes/Sections Cited:

* Indian Evidence Act, 1872 - Section 50, 73

* Transfer of Property Act, 1882 - Section 129

* Limitation Act, 1963 - Article 58 & 59 #PropertyLaw #SupremeCourt #EvidenceAct #LimitationAct #MuslimLaw