Legal Reference Library

A hiba of an undivided share in property which is capable of division is invalid. Exceptions to the rule are: where the gift is made by one co-heir to the other; where the gift is of share in a zamindari or taluka; where gift is of a share in freehold property in a large commercial town, and where gift is of share in a land company. While gift of immovable property is not complete unless the donor parts with the possession and donee enters into possession but if the property is in occupation of tenants, gift can be completed by delivery of title deed or by request to tenants to attorn to the donee or by mutation. Gift of property which is capable of division is irregular but can be perfected and rendered valid by subsequent partition or delivery. [Khursida Begum v. Mohd. Farooq, (2016) 4 SCC 549]

The Bombay High Court in Shakil Ahmad Jalaluddin Shaikh vs. Vahida Shakil Shaikh has held that, mere existence of a document like talaqnama, is not sufficient to render a valid Talaq. Justice M.S. Sonak held that, for a valid Talaq, it is not sufficient that the prescribed expressions are pronounced thrice but the stages it is preceded by, are required to be pleaded and proved before the Court, if disputed by wife. Bombay High Court IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2201 OF 2007 Shakil Ahmad Jalaluddin Shaikh .. Petitioner vs. Vahida Shakil Shaikh & Anr. .. Respondents Mr. R. S. Khadapkar for Petitioner. Ms Tejasweeta Bhosale h/f. Mr. R. S. Kate for Respondent No. 1 CORAM : M. S. SONAK, J.  Date of Reserving the Judgment : 15 January 2016  Date of Pronouncing the Judgment : 20 January 2016