Gujarat High Court
Ibrahim Mahmad Gangat & 3 vs Rita John Francis (Ori.Name Ruqaiya D/O ... on 21 December, 2016
Author: Abhilasha Kumari
Bench: Abhilasha Kumari
C/SCA/19026/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 19026 of 2016
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IBRAHIM MAHMAD GANGAT & 3....Petitioner(s)
Versus
RITA JOHN FRANCIS (ORI.NAME RUQAIYA D/O MAHMAD AHMAD GANGAT) &
5....Respondent(s)
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Appearance:
MR MM SAIYED, ADVOCATE for the Petitioner(s) No. 1 - 4
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CORAM: HONOURABLE SMT. JUSTICE ABHILASHA KUMARI
Date : 21/12/2016
ORAL ORDER
Heard Mr.M.M.Saiyed, learned advocate for the petitioners.
It is submitted that in the impugned orders, the revenue authorities have not taken into consideration the submissions advanced by the petitioners. That, as per the Mohammedan Law, a gift (Hiba) need not be made in writing and can be an oral gift. Further, it need not be registered. Learned counsel for the petitioners has placed reliance upon a judgment of the Supreme Court in the case of Hafeeza Bibi and others vs. Shaikh Farid (dead) by Lrs. and others, reported in AIR 2011 SC 1695 (1). It is further submitted that the validity of the gift has been questioned by the Page 1 of 2 HC-NIC Page 1 of 2 Created On Thu Dec 22 00:05:37 IST 2016 C/SCA/19026/2016 ORDER revenue authority after a period of eighteen years, which is not within their competence.
Issue Notice returnable on 08.02.2017. Adinterim relief in terms of paragraph13(D) is granted, till then.
In addition to the normal mode of service, Direct Service is also permitted.
(SMT. ABHILASHA KUMARI, J.) Gaurav+ Page 2 of 2 HC-NIC Page 2 of 2 Created On Thu Dec 22 00:05:37 IST 2016