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18. In the case on hand, even assuming that there is due registration of the document, that by itself may not be sufficient to prove the validity of the gift in view of the  various provisions under the Mohammedan Law. Both sides referred to Sections 138, 139, 142, 147, 148, 149, 150 and 151 of Mohammedan Law by Mulla, 19th Edn. with reference to the Mohammedan gift and the conditions necessary to constitute a valid gift.

19. As already noticed, it is not necessary that a Mohammedan gift deed should be effected by a document. There can be an oral gift also. Section 147 says that writing is not essential to the validity of a gift either of movable or of immovable property. Section 148 says that the essential ingredient to the validity of a gift is that the donor should divest himself completely of all ownership and dominion over the subject matter of the gift. Section 149 deals with the three essential ingredients of the Mohammedan gift. They are (i) there should a declaration of gift by the donor,

sec.156) was on the facts held to be insufficient to support a gift as against the heirs of the donor

(q)."

20. In the decision reported in Mahboob Sahab's case (supra), it was held as follows:

"5. Under S. 147 of the Principles of Mahomedan Law by Mulla, 19th Ed. Edited by Chief Justice M. Hidayatullah, 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 S. 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 S. 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 possession of the gift by the donee, actually or constructively. Then only gift is complete. Section 152 envisages that where donor is in possession, 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. It would, thus, be clear that though gift by a Mohammadan 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 the 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 doner, he should completely divest himself physically of the subject of the gift. No evidence has been adduced to establish declaration of the gift, acceptance of the gift by or  on behalf of the minor or delivery of possession or taking possession or who had accepted the gift actually or constructively. Admittedly he was in possession and enjoyment of the property till it was sold to the appellant. Equally, in Mohammadan Law mother cannot act nor be appointed as property guardian of the minor. She equally cannot act as legal guardian."