An oral gift of property is worthless without a registered deed? Not under Muslim law.

Key points

• Under Muslim law, the parts of a valid gift are offer (ijab), acceptance (qabool) and delivery of possession (qabza).
• The Supreme Court in 2025 SCMR 1229: an oral gift under Islamic law is not required to be compulsorily registered.
• Section 129 of the Transfer of Property Act 1882: nothing in the Act's chapter on gifts "shall be deemed to affect any rule of Muslim law".
• The Supreme Court in 2026 SCMR 929: once half of a plot had been orally gifted, the donor could not give that half again to his wife by a later registered deed.
• But the donee must strictly prove the gift. In 2025 SCMR 1229 the donee could not, and lost.

The rule in one line

A Muslim's gift of property is complete when it is offered, accepted and possession is delivered. A registered deed is not what makes it valid. What the donee needs is proof: witnesses, any writing, the mutation and the possession itself.

What happened in this case

On 5 January 1984 a man orally gifted fifty percent of a plot in DHA, Karachi. A written declaration of the gift followed on 21 May 1986, and a mutation was recorded. There was also a letter supporting the gift.

In 1989 the same man executed a registered gift deed of the property in favour of his wife.

The dispute was over which gift prevailed for that half: the earlier oral gift or the later registered deed.

What the Supreme Court said

In Ghulam Asghar Khan v. Muhammad Arif Khan, decided on 7 October 2025 and reported as 2026 SCMR 929, the Supreme Court held that when he made the gift to his wife, the donor "was not enjoying the property at-least to the extent of 50%". That half had already passed by the oral gift.

The Court restored the decree that a Single Judge had passed in favour of the donee of the oral gift.

The catch: an oral gift must be strictly proved

In Muhammad Dawood v. Mst. Sakeena Farooque, 2025 SCMR 1229, decided on 26 March 2025, the Supreme Court restated that "Under the Muslim law, the constituents and components of a valid gift are tender, acceptance, and possession", and that an oral gift is not required to be compulsorily registered.

But the Court added that this does not absolve the donee from strictly proving the factum of the gift. In that case the donee could not prove it, and the claim failed.

In the Karachi case, by contrast, the oral gift was backed by a written declaration, a letter and a mutation.

The case at a glance

Facts

Oral gift of fifty percent of a DHA Karachi plot on 5 January 1984, a written declaration on 21 May 1986, a letter and a mutation. In 1989 the donor executed a registered gift deed of the property to his wife.

The question

Whether an earlier oral gift of half the plot prevailed over the donor's later registered gift deed of the same property.

What the Court held

Yes. When he gifted the property to his wife, the donor no longer held the half he had orally gifted. The Single Judge's decree for the donee was restored.

Why

Under Muslim law a gift is complete with offer, acceptance and possession, and an oral gift need not be registered. Section 129 of the Transfer of Property Act keeps Muslim law of gift outside the Act's chapter on gifts. The oral gift here was proved by a declaration, a letter and a mutation.

Limits

The oral gift won because it was well proved. In 2025 SCMR 1229 the Supreme Court said the donee must strictly prove an oral gift, and there the claim failed. The rule is for gifts under Muslim law; it does not say registration never matters for other transfers.

The law it relies on

What this does not mean

• It does not mean any claim of an oral gift will succeed. The donee must strictly prove the offer, the acceptance and the delivery of possession.
• It does not mean a registered deed or a mutation is useless. Writing, a mutation and witnesses are exactly what helped prove the gift in the Karachi case.
• It does not decide how gifts by non-Muslims, or sales and other transfers, must be made. Those follow their own rules.

Questions people ask

Sources

• Ghulam Asghar Khan v. Muhammad Arif Khan, 2026 SCMR 929 (Supreme Court of Pakistan, 7 October 2025)
  An earlier oral gift of half a plot, backed by a written declaration, a letter and a mutation, prevailed over the donor's later registered gift deed to his wife; Single Judge's decree for the donee restored. verified against full text Supreme Court of Pakistan (judgment PDF)
• Muhammad Dawood v. Mst. Sakeena Farooque, 2025 SCMR 1229 (Supreme Court of Pakistan, 26 March 2025)
  A valid gift needs tender, acceptance and possession; an oral gift need not be registered, but the donee must strictly prove it. The gift was not proved. verified against full text Supreme Court of Pakistan (judgment PDF)
• Transfer of Property Act, 1882, s.129 text checked in FAI Statute Search Pakistan Code

Every quote and section above is traced to the full judgment or statute text by an automatic check that runs on every update.

What the reel says