(A) Muslim Law – Partition – Partition of property – Legality – While a person is alive, partition of property between him and his heirs is impermissible under Mohammedan Law – Only way permissible to original owner to have given two parts of his property to his two sons would have been through hiba – Plea of ownership by partition could not be accepted.D/-13-01-2006 (KAR)-AffirmedAIR 2017 SC 4609-Relied onAIR 1973 SC 554-Followed(Paras2021)
(B) Muslim Law – Hiba – Proof of – Words in the mutation entry indicated intention to divide property into three parts without any indication of intent to gift property to the sons – Further, purpose of mutation entry, is only limited to revenue records and same does not confer any title – ‘Declaration of clear and unequivocal intention’ which is a primary requirement of gift was not proved – Testimonies of witnesses did not offer any relevant details to show that donor possessed requisite intent and with that intent, he made declaration in favour of his sons – Oral gift was not proved.(Paras283436)