Mahboob Sahab vs Syed Ismail & Ors on 23 March, 1995
(ii) In case titled as Mahboob Sahab v Syed Ismail and others, AIR
1995 Supreme Court 1205, para No. 5, Hon'ble Apex Court relied upon
Section 148 of text book of Mohammedan Law by Mulla, 19 th Edition
where Hon'ble Chief Justice Sh. M. Hidayatullah envisages that section 148
of said text book requires that it is essential to the validity of a gift that
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.