Gift Deed Registration Alone Not Sufficient Without Declaration And Formal Acceptance Under Muslim Law: Jammu & Kashmir High Court

The Jammu and Kashmir High Court has ruled that a registered gift deed under Muslim law does not guarantee its validity if the essential elements of a valid gift are not fulfilled. The bench of Justice Javed Iqbal Wani held that under Muslim personal law, the validity of a gift (hiba) depends primarily on three elements—a clear declaration by the donor, acceptance by the donee, and delivery of possession. Registration…