Muslim Father Who Gifts Property To Son Need Not Hand Over 'Actual & Physical' Possession, Can Reside In Same Property: Bombay High Court

Bombay High Court ruled that a Muslim father who gifts property to his son need not hand over actual physical possession and can reside in the same property. The court interpreted the principles of Hiba (gift) under Muslim personal law, which allows for a gift to be valid even without the immediate transfer of physical possession, especially between close relatives. This ruling provides clarity on the requirements for a valid gift of property within the Muslim community, recognizing the permissibility of the donor retaining possession while transferring ownership.