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11. These are no doubt very important points. Owing, however, to the conclusions at which their Lordships have arrived on the other points raised in the case, they do not find it necessary to express any opinion on these points and, therefore, abstain from doing so. By the third section of the Oudh Laws Act (XVIII of 1876) it is enacted that between Muhammadans the Muhammadan law is to be applied to the many important matters therein enumerated, including amongst others, "wills, legacies and gifts". The Court of the Judicial Commissioner has held that the term "gifts" as here used, does not include gifts in trust. Their Lordships cannot adopt such a narrow construction of the term "gift" as would exclude any gift where the donor's bounty passes to his intended beneficiary through the medium of a trust, so that while a gift by A. to C. direct would be governed by the Muhammadan law, a gift by A. to B. in trust for C. would be governed by some other law. So to hold would, they think, defeat the plain purpose and object of this section of the Statute. The Muhammadan law, in their view, therefore, applies to this deed ; and the gift made by it, being voluntary, will under that law be void, unless it be accompanied by a delivery of such possession as the subject of the gift is susceptible of.

13. As six out of the ten hereditaments granted by the deed consist of undivided shares in certain zamindari villages and parcels of land, physical possession is, in their case, impossible, and as to them, the receipt of the appropriate portion of the rent or income issuing out of or derived from them is the only form the necessary possession could assume. The validity of the grant of these items of property would depend, therefore, upon whether the trustees of the deed, to the exclusion of all other persons, entered into the receipt or enjoyment of these rents or income. Mr. De Gruyther contended, however, as their Lordships understood him, that the rule of law laid down by those authorities was altered or qualified by the combined operation of "The Transfer of Property Act" (Act IV of 1882); and "The Indian Trusts Act" (Act II of 1882). He insists that if the deed of gift of immovable property be duly registered, delivery of possession is not necessary to make the gift valid, or, if necessary, may be effected at any time during the donor's life, provided he be then capable of giving the property. By Section 122 of the first of these statutes a "gift" is defined to be a transfer of existing movable or immovable property voluntarily without consideration by one person, calling himself a donor, to another, called a donee, and accepted by or on behalf of the donee. The acceptance must be made during the life-time of the donor, and while he is still capable of giving. If he should die before acceptance, the gift is void. If the subject of the gift be immovable property, then, by Section 123, the transfer must be effected by a registered instrument, signed by or on behalf of the donor, and attested by at least two witnesses. By Section 125 it is a provided that a gift of a thing to two or more donees, of whom one does not accept, is void as to the interest he would have taken had he accepted.