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11. It is not in dispute that the respondent/plaintiff purchased the plaint schedule property and he had taken a stand that the appellants/defendants had taken a portion of the plaint schedule house from the month of November 1987 on a monthly rent of Rs. 200/- and during the pendency of the rent control proceedings, they had occupied the remaining portion of the house. No doubt, the appellants/defendants had taken a stand that there was an oral gift made in favour of the 1st appellant/1st defendant, daughter, on 20-4-1984, the date of Valima dinner. Apart from D.W.1, D.W.2 was examined to prove this aspect. In MD. Usman v. MD. Anwar Baig, , while dealing with the essential conditions necessary to effect Hiba - gift, under Mohammedan Law, it was held:

"Under Mohammedan Law three essential conditions are necessary for the gift to take effect; (1) a declaration of the gift by the donor; (2) acceptance of the gift, express or implied by or on behalf of the donee; and (3) delivering of possession of the subject of gift by the donor to the donee, and that if these conditions are satisfied, the gift will be complete. Taking possession of the subject-matter of the gift by the donee either actually or constructively is necessary but where physical delivery of possession is not possible such possession as to property admits of, may be delivered. In other words the donor must divest himself of his possession to complete the gift."

In Ziauddin Ahmed v. M.A. Raof, it was held:

"The Gift need not necessarily be in writing as per the principles of Mohammedan law. Section 147 of the Principles of Mohammedan Law by Mulla, 19th Ed., envisages that writing is not essential to the validity of a gift either of movable or of immovable property. Section 148 requires that it is essential, to the validity of a gift, that the donor should divest himself completely of all ownership and dominion over the subject of the gift. Under Section 149, three essentials to the validity of the gift should be, (i) a declaration of gift by the donor (ii) acceptance/of the gift, express or implied, by or on behalf of the donee, and (iii) delivery of possession of the subject of the gift by the donor to the donee as mentioned in Section 150. If these conditions are complied with, the gift is complete. Section 150 specifically mentions that for a valid gift there should be delivery of possession of the subject of the gift and taking of the possession of the gift by the donee, actually or constructively. Then only gift is complete. Section 152 envisages that, a gift of immovable property of which the donor is in actual possession is not complete unless the donor physically departs from the premises with all his goods and chattels, and the donee formally enters into possession."

In Mahboob v. Syed Ismail, AIR 1955 SC 1205, the Apex Court held:

"Though gift by a Mohammedan is not required to be in writing and consequently need not be registered under the Registration Act, a gift to be complete, there should be a declaration of the gift; by the donor; acceptance of the gift, expressed or implied by or on behalf of the donee; and delivery of possession of the property, the subject-matter of the gift by the donor to the donee. The donee should take delivery of possession of that property either actually or constructively. On proof of these essential conditions, the gift becomes complete and valid. In case of immovable property in the possession of the donor, he should completely it was held divest himself physically of the subject of the gift."