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
subject of the gift.
39. In order to constitute a valid gift, the three essential ingredients are; (i) a declaration of gift by the donor ... direct evidence of any oral gift made by Akbar Mian but the other ingredients for constituting a valid gift have also not been proved
agent was given the power to gift the property.
Exercising such power the agent had orally gifted the property to the
plaintiff on 29.01.1991. Subsequently ... Gift how made.- (1) A gift may be made -
(a) by a declaration made orally or in writing of the gift
by the donor
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
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 ... 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
marginal
witnesses. They have categorically stated that contents of the Gift
Deed were read over to Anar Devi and after admitting the contents ... Gift Deed dated 26.12.1989. First appellate
Court has wrongly appreciated the oral as well as documentary
evidence. Gift Deed dated 26.12.1989 is a valid document
which this distinction if once allowed would normally be based-I mean oral evidence.
47. After giving then my best consideration to the several contentions ... accepts it, the requisite instrument; but the gift is not legally "effective" as a valid transfer of the immoveable property until the instrument
Dhan. The aforementioned findings are also supported by the recitals in the gift deed Ex. PW3/1. Therefore, the rejection of evidence ... Section 123 of T.P. Act, the gift deed is proved to be executed and was validly in possession of plaintiff-appellant Smt. Giano
____________________________________________________________ vs Ganga Singh & Others on 1 November, 2016
Author: Chander Bhusan Barowalia
Bench: Chander
essentials of a gift - It is essential to the validity of a gift that
there should be (1) a declaration of gift by the donor ... subject-matter of the gift by the
donee, either actually or constructively, is necessary to complete a gift.
28. Gift under Mahomedan
