essential ingredients of a valid oral
gift as under -
(i) declaration of gift by donor;
(ii) acceptance of gift by donee; and
(iii) delivery ... property.
It is clear that writing is not essential for valid oral gift. All
three essential requirement makes such gift complete and irrevocable
gifts given by way of 'Pasupu Kumkuma' is mandatory. Therefore,
oral 'Pasupu Kumkuma' gift is not valid.
The petitioners claimed that ... compliance
of Stamp and Registration Laws. Consequently, oral 'Pasupu
Kumkuma' gift is not valid in the eye of law as held
marriage or after are in valid if there is no written document and it is not registered and oral gift at the time of marriage ... this property in favour of PW4 orally towards her Pasupukumkum it is valid in law and PW4 gets valid title for the same
statement contending that Ext. A1 gift deed was not valid, that possession did not pass thereunder, that the gift was not accepted by the donee ... gift did not take effect and hence Ext. A1 gift is not valid. The court also held that the alleged oral gift by Pareekutty
writing essential to the validity of gift; an oral gift fulfilling all the three
essentials make the gift complete and irrevocable. The donee may choose ... made orally, such writing does not become a formal
document or instrument of gift. When a gift could be made by Mohammadan orally,
its nature
daughters towards "Pasupu Kumkuma" is legal and valid. So, such oral transaction
is valid under law which would duly transfer title in favour ... valid gift must be deemed to be abrogated by Section 123 of
the Transfer of property Act, and no gift inter vivos of an immovable
Smt. Sanjukta Ray vs Bimelendu Mohanty And Ors. on 15 October, 1996
Equivalent citations: AIR1997ORI131
Devasironmani And Anr. vs T. Rajathangam And Anr. on 1 April, 1997
Equivalent citations: (1998
prove that late
Chotemiyasab while in disposing state of mind
has validly executed gift deed on 3.8.2001 and
will on 7.8.2001?
(4) Whether the plaintiffs ... dominating and practicing
undue influence over late Chotemiyasab got
created will and gift?
(5) Whether the defendants prove that they have
perfected title over
R.S. Rangadas vs Wealth-Tax Officer on 29 December, 1986
Equivalent citations: [1987]21ITD627
