case of a gift by a Muslim i.e., delivery of possession is not satisfied and hence the said gift is invalid, cannot be sustained ... gift deed. The essential ingredients of a gift under Mohammadan law are as follows:
A declaration of gift by the donor; An acceptance of gift
marriage to his sister on
the ground that the gift was invalid.
10. It is no doubt true that Order 1 Rule 1 says that ... alternative for recovery of possession on the ground that the gift was invalid being hit by section 123 of the Transfer of Property
only an injunction suit, in fact the
finding therein that the gift is invalid in law operates against the
defendant P herein, that was failed ... plaintiff over the suit
schedule property also by virtue of the invalid gift
deed and whether any possession pursuant to which
with animus possidendi, peaceful
gift made by Alikhan in favour of the defendants was death-bed gift and, therefore, gift beyond 1/3rd of the estate is invalid ... plaintiff failed to establish that the gift was invalid. It is only at the time of arguments, the plaintiff came forward with such a plea
gift of his own property to his concubine. But the properties gifted were coparcenery properties and he had no power to make a gift ... even his undivided interest and hence they were void. The invalid gifts were not validated by the subsequent disruption of the joint family
delivery of possession and
once these three pre-requisites are satisfied, a gift can be oral and need
not be written, much less to register ... piece of paper the transaction of the oral gift, that does not render the
oral gift, invalid as also observed by Jubeda supra saying
objections raised by the D.Hr. are unsustainable
and from the gift covered by Ex.B.1 held that the J.Dr. is not
having ... manner with any sanctity. Once the relinquishment is for
gift invalid as referred supra for no need equally for gift or
settlement and the contest
subject of a gift, many thousands of gifts which have been made over and over again of zamindari properties would be invalidated............ We think ... Appeals 205, which held that " the doctrine relating to the invalidity of gifts of mushaa is wholly unadapted to a progressive state of society
that as far as the gift is concerned, its validity is not open to question because an onerous gift can always be made ... child, it does not have the effect of making the gift invalid.
6. So, learned standing counsel reiterated the ratio of Ramachar 's case
gift by Hazi Hidayath Khan in favour of 1st defendant is not established, still the gift, Ex. A. 5 dt. 30-4-73 is invalid ... from making a declaration the donor does nothing else, the gift would be invalid.
5. On behalf of the respondent-plaintiff, it is contended
