Overview

• Ruling in Dharmrao Sharanappa Shabadi v. Syeda Arifa Parveen, the Court set aside a Karnataka High Court decision that had upheld a claimed 1988 oral gift of 10 acres in Kusnoor, Gulbarga.
• Justices Ahsanuddin Amanullah and S V N Bhatti reaffirmed that a hiba requires a donor’s declaration, the donee’s acceptance, and delivery of possession, which may be actual or constructive.
• The judgment stressed that possession must be demonstrated through overt, continuous evidence such as mutation in revenue records, rent collection, or holding title.
• The Court said failure to effect mutation, coupled with lack of other contemporaneous proof, can fatally undermine an oral gift claim.
• The bench cautioned that hiba cannot serve as a surprise instrument and must be acted upon openly, with the appeal consequently allowed.