​The Jammu and Kashmir High Court recently ruled that under Muslim law, the mere registration of a gift deed does not automatically validate the gift. For a gift (hiba) to be legally effective, it must fulfill three essential conditions:

Declaration (Ijab): The donor must express the intention to make the gift.

Acceptance (Qubul): The recipient must accept the gift, either expressly or implicitly.

Delivery of Possession (Qabza): The donor must transfer possession of the gifted property to the recipient, either physically or constructively.

The court emphasized that these conditions are fundamental and must be met for the gift to be valid. Merely registering the gift deed does not suffice if these requisites are not satisfied. This decision underscores the importance of adhering to the core principles of Muslim personal law regarding gifts.

This ruling aligns with previous judgments, including those by the Supreme Court, which have reiterated that under Muslim law, registration of a gift is not mandatory for its validity. However, the essential elements of declaration, acceptance, and delivery of possession must be present.​

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