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17. At this juncture, it is pertinent to refer to a three-Judge Bench decision in Valia Peedikakkandi Katheessa Umma and others v. Pathakkalan Narayanath Kunhamu (deceased) and after him his legal representatives and others[18] where the question arose whether a gift by a husband to his minor wife and accepted on her behalf by her mother is valid. Dealing with the concept of gift under Muhammadan Law the Court observed that:-

“... Muhammadan Law of gifts attaches great importance to possession or seisin of the property gifted (Kabz-ul-Kami) especially of immovable property. The Hedaya says that seisin in the case of gifts is expressly ordained and Baillie (Dig P.508) quoting from the Inayah refers to a Hadis of the Prophet-“a gift is not valid unless possessed.” In the Hedaya it is stated – “Gifts are rendered valid by tender, acceptance and seisin” (p.482) and in the Vikayah “gifts are perfected by complete seisin” Macnaghten (202).” After so stating the Court proceeded to lay down that it is only actual or constructive possession that completes the gift and registration does not cure the defect nor is a bare declaration in the deed that possession was given to a minor of any avail without the intervention of the guardian of the property unless the minor has reached the years of discretion. It has been further opined therein that if the property is with the donor he must divest from it and the donee must enter upon possession. However, to that rule there are certain exceptions which the Court took note of, stating thus:-