alleged oral gift (hiba). Shamsher Khan never
7
transferred the property to the plaintiffs by way of an oral gift. The
alleged oral gift ... examining the claim of oral gift, it is noted that under Muslim law,
an oral gift of immovable property is valid if three essential elements
oral gift by Hiba, though it does not require registration of
any memorandum of oral gift as a subsequent acknowledgment of such
an oral gift ... oral gift, that does not render the
oral gift, invalid as also observed by Jubeda supra saying the written
deed of oral gift is only
gift; an oral gift fulfilling all the three essentials makes the gift complete and irrevocable. However, the donor may record the transaction of gift ... requisites to make a gift valid are: (1) declaration of the gift by the donor, (2) acceptance of the gift by the donee expressly
oral gift and
also Ex. P-8, a memorandum of gift deed. As discussed supra, the Trial Court
disbelieved the oral gift and also ... oral gift.
38. The oral gift confines to 10 acres of the total extent of 24 acres 28
guntas. The oral gift is stated
Gift - Gift Deed
- Registration - when required - deed whether creative /
constructive of gift or merely evidential of validly created gift -
Held, a gift under the Muhammadan ... same date of
the oral gift and without the fulfilment of the abovesaid requisites, the
oral gift cannot be a valid one. The same principles
oral gifts because of the personal law. When claims of oral gifts are made, the law requires strict evidence to establish that an oral gift ... requirements of a valid gift, law cannot presume that a valid gift has been orally made by a Mohammadan in favour of a donee. That
parties are governed by Mohammedan Law, the ingredients to
constitute a valid oral gift under the Mohammedan Law have been
proved and hence the defendants ... Appellate
Court ought not to have held that there was a valid oral gift made by
Haji Eba Sheikh in favour of the defendants
title.
(c) An oral gift by a brother to a sister was not permissible. At all events,
such an oral gift even if permissible ... firstly whether there was an oral gift and
secondly whether the alleged oral gift was valid. Here again, there was no
averment in the plaint
valid gift, if three
essentials of the gift are satisfied. (1) a declaration of the
gift by the donor, (2) the acceptance of the gift ... gift; an oral gift fulfilling all the three essentials make
the gift complete and irrevocable. However, the donor may record the
transaction of gift
sale deed Ex.75 Kha. (21.12.1970) was not
validly executed.
Whether there was a valid oral gift in favour of the respondent-
plaintiff-Shami Mohd ... consider whether the
oral gift pleaded by the respondent-plaintiff satisfies the essential
conditions of oral gift and in particular, whether possession has been
established
