Gift – Oral - Mohammedan law  - Under Mohammedan law, making oral gift is permissible -  The conditions for making valid oral gift under the Mohammedan law are:- (i) there should be wish or intention on the part of the donor to gift; (ii) acceptance by the donee; and (iii) taking possession of the subject matter of the gift by the donee - Respondent-plaintiff  has not proved as to how at the time of oral gift, the possession was delivered to him - No steps taken to get the property mutated in his name - Plaintiff did not collect rent from the tenants were in occupation of the suit house or paid house tax, water tax, etc. - Essential conditions to make a valid gift under the Mohammedan law have not been established by the respondent-plaintiff to prove the oral gift in his favour – No proof to show that the possession of the suit property was delivered to him, the oral gift relied upon by the  respondent-plaintiff ought not to have been accepted by the courts below (2018)2 SCeJ 1903

Dod: 26/10/2018



Gift – Conditional Gift - A conditional gift with no recital of acceptance and no evidence in proof of acceptance, where possession remains with the donor as long as he is alive, does not become complete during lifetime of the donor - When a gift is incomplete and title remains with the donor the deed of gift might be cancelled – A gift is transfer of property without con-sideration - Moreover, a conditional gift only becomes complete on compliance of the condi-tions in the deed - Transfer of Property Act 1882, Section 122.          (2018)2 SCeJ 1555



Gift  - Gift means to transfer certain existing moveable or immoveable property voluntarily and without consideration by one person called the donor to another called the donee and accepted by or on behalf of the donee - Transfer of Property Act 1882, Section 122. . (2018)2 SCeJ 1555



  • Gift - The execution of registered gift deed and its attestation by two witnesses is not in dispute - It has also been concurrently held by all the three courts below that the donee had accepted the gift - The recitals in the gift deed also prove transfer of absolute title in the gifted property from the donor to the donee - What is retained is only the right to use the property during the lifetime of the donor which does not in any way affect the transfer of ownership in favour of the donee by the donor. (S.C.)(175) PLR 

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