New Delhi, 12 March (H.S.): The Supreme Court refused to hear a petition contesting Section 129 of the Transfer of Property Act, which exempts gifts (hiba) under Muslim personal law from mandatory registration and stamp duty.

Chief Justice Suryakant, leading the bench, directed petitioners' counsel to approach the Law Commission for potential legislative reforms, remarking that questioning the 75-year-old provision's constitutionality now warranted expert review rather than judicial intervention.

Advocates Harishankar Jain and Nivedita Sharma argued the exemption causes revenue loss to the exchequer, violates Article 14's equality guarantee, breeds ownership disputes, and fuels needless litigation. They highlighted how hiba deeds evade formalities unlike other transfers, persisting across regions despite broader legal uniformity.

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Hindusthan Samachar / Jun Sarkar