Case Title:
Dharmrao Sharanappa Shabadi & Others vs. Syeda Arifa Parveen
Supreme Court of India – Civil Appeal (2025 INSC 1187)
Judgment Date: October 7, 2025
Bench: Justice Ahsanuddin Amanullah & Justice S.V.N. Bhatti
Case Analysis:
- In 1971, Khadijabee (the original owner) filed a partition suit for 24 acres 28 guntas of agricultural land in Gulbarga (Sy.No.107).
- She won the case in 1987, and the property was declared hers.
- She allegedly made an oral gift (Hiba) of 10 acres from this land to her daughter Syeda Arifa Parveen on 05.12.1988, followed by a Memorandum of Gift on 05.01.1989.
- Khadijabee died in 1990 and her husband Abdul Basit died in 2001.
- In 1995, Abdul Basit (or a man named Abdul Bas) sold the entire 24 acres 28 guntas to five purchasers (the Defendants).
- In 2013, Syeda Arifa Parveen filed a civil suit claiming ownership of the land, saying the 1995 sale deeds were fake and invalid.
🔹 Plaintiff’s (Arifa’s) Claim:
- She is the only daughter and heir of Khadijabee.
- Her mother gifted her 10 acres before death and she inherited the rest.
- The Defendants’ sale deeds were forged and should be cancelled.
- The Defendants tried to forcibly take possession in 2013.
🔹 Defendants’ Argument:
- Arifa is not Khadijabee’s daughter.
- Khadijabee and her husband died childless.
- They purchased the land legally in 1995 from Abdul Basit and have been in possession since then.
- The oral gift is fake, never acted upon, and the suit is too late (barred by limitation).
Trial Court (Kalaburagi):
- Accepted that Arifa is daughter of Khadijabee and Abdul Basit.
- Rejected the claim of valid oral gift, as no possession was proven.
- As per Muslim inheritance law, divided shares:
- Arifa (daughter): 3/4th share
- Abdul Basit (husband): 1/4th share
- Since Abdul Basit sold the land, sale deeds valid only for 1/4th portion, rest invalid.
- Arifa declared owner of 18 acres 21 guntas.
High Court (Karnataka):
- Upheld that Arifa is daughter.
- Reversed finding on gift — accepted the oral gift of 10 acres as valid.
- Declared Arifa absolute owner of 10 acres gifted + 3/4th share of remaining 14 acres 28 guntas = total 24 acres 28 guntas.
Supreme Court (Final Judgment):
- Set aside both lower court judgments.
- Dismissed Arifa’s suit entirely.
- Held that:
1. No valid proof of relationship (daughterhood):
- No birth certificate, school record, or document was produced.
- Only oral statements of relatives were given, which are not enough under Section 50 of the Evidence Act.
2. Oral Gift (Hiba) not proved:
- No evidence that possession of the 10 acres was ever transferred.
- Land was always in Abdul Basit’s and later Defendants’ names.
- The memorandum of gift had inconsistencies (thumb impression vs. signature).
- Hence, oral gift invalid.
3. Suit filed too late (Limitation Bar):
- Sale deeds were executed in 1995, but the suit was filed only in 2013—after 18 years.
- She should have acted earlier to challenge the mutation and sale deeds.
- Court applied constructive notice — meaning she “ought to have known” about the sales long ago.
Final Decision:
Appeal Allowed (Defendants win)
Plaintiff’s (Arifa’s) case dismissed
- Oral gift invalid
- Suit barred by limitation
- No costs ordered
