said gift deed was cancelled and the
gift is no more in force. The averment that the gift was accepted
by the 3rd defendant ... possession so as
to validate the gift. The gift will be presumed to have been
accepted by the maternal guardian on behalf of the donee
acceptance of the gift, be it not onerous and that there must be some evidence
to show that the gift was accepted during the life ... doubt or dispute that in
order to constitute a valid gift acceptance
thereof is essential. We must, however,
notice that the Transfer of Property
gift.
B. The mere fact that the gift is not onerous cannot lead to
the presumption that the gift has been accepted by
defendant ... mode to prove acceptance
and an express acceptance is not necessary for completing the
gift.
23. In the present case, as I have mentioned above
donor to the donee and accepted by him, it
would amount to acceptance of the gift on his
part."
In Commentaries on Mahommedan ... donee and accepted by him it amounts to
acceptance of the gift on his part."
26. Relying on the decision reported
that the
donee of a gift has taken possession of a property to prove that
the gift has been accepted by him/her. As regards ... gift is
not an onerous gift. As such, there is no reason also why the
plaintiff shall not accept Ext.A1 gift deed
defines the expression "gift". The provision is
extracted hereunder:
"122. "Gift" defined.- "Gift" is the transfer of
certain ... donees, mentioned in
Ext.A1, raises a presumption of acceptance. Acceptance of a gift could be
proved in very many ways. In a given
property gifted. Delivery of
possession of the gifted property is an essential
requirement under the Muslim Law of gifts for its
completeness. That ... gift by the donee. Where the
A.S.217/2001 17
gift became complete on such acceptance no right
remained with the donor (first defendant
conclusion that the gift was revoked at a time when it was irrevocable since the gift was accepted by the donees before the date ... establishing the fact of acceptance of a gift when the gift is not an onerous gift. The learned Judge has come to this decision taking
question of any direct acceptance and there is always a
presumption that the donee accepted the gift.
15. In the decision reported in Balakrishnan ... presumption of its acceptance because
except acceptance in his case is not possible and only implied
acceptance can be expected. Whether gift is made
given to the mother of the respondent, Vijayalekshmi and she accepted the gift deed. In pursuance of the gift deed tax was paid ... gift. The principles stated above are so clear that it is the duty of the donee to prove that gift was accepted expressly, impliedly
