Supreme Court Explains Essentials Of Oral Gift Under Mohammedan Law

The Supreme Court examined the jurisprudential contours of an oral gift under Mohammedan law, identifying the essential ingredients required for a valid inter vivos gift in that personal law context. The Court analysed elements such as clear and unequivocal delivery (qabd), the intention of the donor (ijab and qubul in the sense of declaration and acceptance), capacity, absence of coercion and the requirement that transfer be immediate and unconditional. The judgment discussed evidentiary considerations peculiar to oral transactions — corroboration by conduct, contemporaneous admissions, and subsequent acts consistent with transfer — while recognising that rigid formalities cannot be mechanically imposed where personal law permits oral disposition. The ruling guides lower courts on weighing testimonial and circumstantial proof in inheritance and succession disputes under Mohammedan law, balancing doctrinal fidelity with pragmatic assessment of available proof.