Ismail And Ors. vs Idrish And Ors. on 10 August, 1973
7. The next question to be considered is as to whether those gift deeds have actually come into effect. Three essential ingredients for the validity of a Mohamedan gift are as follows : (I) Declaration of gift by the donor, (2) an acceptance of the gift, express or implied, by or on behalf of the donee, and (3) delivery of possession of the subject of gift is susceptible of. As per Section 152 of the Mohamedan Law 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 the instant case gift deed itself says donee had been put in possession. As held by the Patna High Court in Ismail v. Idrish, AIR 1974 Pat 54, a recital in the deed of gift that the donor has divested himself and put the donees in possession binds the donor's heirs even if one of the heirs is later found in possession. When the donor and donee both reside in the property no physical departure or formal entry is necessary in the case of gift of an immovable properly. In such case gift may be completed by some overt act by the donor and the donee.