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Syed Mustan And Anr. vs Syed Mubarak on 24 September, 1996 cites

Johara Bibi vs Subera Bibi And Ors. on 20 December, 1963

In Johara Bibi v. Subera Bibi (1964) 2 M.L.J. 237, Veeraswami, J. as the learned Judge then was, held that when a donor makes a statement in the gift deed that he or she was in possession and put the donee in possession, that is an admission of the donor of the fact of delivery of possession to the donee, and the admission is not an irrebuttable or conclusive one on the question of delivery of possession and the real effect of the recital is only that the person who contends to the contrary, namely that no possession was delivered, should establish the contention.
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Ayeeshee Bivi vs K.S.A. Shaik Mohamed Alim Sahib And Ors. on 27 November, 1963

The learned Counsel for the respondent also relied upon the decision in Ayeeshee Bivi v. Shaik Mohammed Alim Sahib (1964) 77 L.W. 65, whereunder Veeraswami, J., as the learned Judge then was, dealt with the case of a gift deed by a mother to her son. In dealing with the aspect of one of the requirements of a valid gift, namely, delivery of possession and what constitutes, such delivery, the learned Judge observed that the requirement of delivery to constitute a valid gift under Mohammedan Law is not that irrespective of the circumstances, there should always be physical delivery, that no physical departure or formal entry is necessary in the case of a gift of immovable property in which the donor and the donee are both residing at the time of the gift, and in such a case, the gift may be completed by some overt act by the donor indicating a clear intention on his part to transfer possession and to divest himself of all control over the subject of the gift. In coming to such a conclusion the learned Judge further observed that the recital in the document as to the delivery of possession to the donee is such an overt act and it was not necessary that in addition to such a recital, there should be some other overt act.
Madras High Court Cites 1 - Cited by 5 - Full Document
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