The transfer of property by a Muslim to Muslim in lieu of dower, is a gift (Hiba-bil-ewaz), it does not require registration under the Registration Act, 1908. Neither any writing would be required nor any such document acknowledging transfer of property in lieu of dower would require registration.

 Ordinarily in a transfer of immovable property by a Muslim husband to his wife in lieu of dower, there are two distinct gifts, one by each party to the other. The husband transfers by gift the property, while the wife makes the gifts of her. The transaction is essentially hiba-bil-ewaz. This being the ordinary role, it needs to be observed that there might, be some exceptions, as visualized in some cases, depending upon peculiar circumstances thereof.

A transfer by a Muslim husband in favour of his wife in lieu of her dower being essentially a gift, was not required, to be affected through a registered instrument. The provisions contained in Chapter VII of the Transfer of Property Act, 1882 which Inter alia require making of a gift of immovable property only by registered instrument, do not apply to the present case which is of hiba-bilewaz by a Muslim such gifts are excluded by virtue of section 129 of the Act ibid, which provides that nothing in Chapter VII shall be deemed to affect any rule of Muslim Law.

The dower deed was a document, which not creating or extinguishing right in immovable property and execution of such document thereto only acknowledged the factum of transfer of immovable property in favour of his wife in lieu of dower.

Civil Revision No.337-D of 2004.
Mst. Sharifan Mai (deceased) through L.Rs., etc. Versus. Khuda Bakhsh and others.