In a recent decision [V. Sreeramachandra Avadhani (D) by L.Rs. v.
Shaik Abdul Rahim & Anr], the Supreme Court of India
(“Supreme Court”) has had the occasion to deal with an intricate question under
Muslim Succession Law – whether there can be a conditional gift of a (immovable)
property? In 1952, Sheikh Hussein gifted a ‘titled house’ (through an executed gift deed) to his wife, Banu Bibi. It
was stipulated in the deed that Banu Bibi would enjoy the property during her lifetime
and would not alienate it. However, the property could devolve in favour of her
off spring after her death, and in case she does not have any children, the
property would be returned back to Hussein or his near successors. Notwithstanding
the conditions under the deed, Banu Bibi sold the house in 1978 to V. Sreeramachandra
Avadhani (Appellant – represented by
his Legal Representatives). Consequently after Banu Bibi’s death, the
Respondents (Shaik Abdul Rahim and Abdul Gaffor) staked claim over impugned
house on the ground that, (i) Babu Bibi only had a ‘life interest’ in the
property and could not have alienated it, and (ii) being legal representatives
of Sheikh Hussein, right and title over the property came to be vested on them.
Principal Senior Civil Judge dismissed Respondents’ claim for
the reason that since the gift deed was
not in nature of usufruct, the gifted property came to be ‘irrevocably’
vested on Babu Bibi. As such, the conditions in the gift deed, limiting her
rights, were void [Relied on: Nawazish Ali Khan
v. Ali Raza Khan, AIR 1948
PC 34]. Against this order, the Respondent filed first
appeal. While reversing the order of Senior Civil Judge, the First Appellate
Court relied on the ‘text’ of the gift deed that had limited the rights of Banu
Bibi and had provided that the property would be returned back to Hussein or
his near successors. Dissatisfied with the judgement of First Appellate Court,
the Appellant filed an appeal before the High Court of Judicature of Andhra
Pradesh (“High Court”). Appellant did not get any relief and the High Court,
again relying on the text of the gift deed, affirmed the First Appellate Court’s
order.
