that defendant No.1 has not acquired valid title over the suit
schedule property under the oral gift executed by plaintiff
No.1 in favour ... Defendant
No.1 contends that plaintiff No.1 had executed valid oral gift
in favour of the defendant No.1 in respect of the suit
oral gift deed, I would say that, the deceased
plaintiff has weakened his own case. When the deceased
plaintiff sets up the oral gift deed ... prove the essentials of valid oral gift under the provisions of
MAHOMEDAN LAW. To know about the oral gift which is known
as HIBA under
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 ... that :
" Gift can be made by Mohammadan orally, but
merely because gift is reduced to writing instead
of making it orally, such writing does
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 ... that :
" Gift can be made by Mohammadan orally, but
merely because gift is reduced to writing instead
of making it orally, such writing does
that defendant No.1 has not acquired valid title over the suit
schedule property under the oral gift executed by plaintiff
No.1 in favour ... Defendant
No.1 contends that plaintiff No.1 had executed valid oral gift
in favour of the defendant No.1 in respect of the suit
that defendant No.1 has not acquired valid title over the suit
schedule property under the oral gift executed by plaintiff
No.1 in favour ... Defendant
No.1 contends that plaintiff No.1 had executed valid oral gift
in favour of the defendant No.1 in respect of the suit
that defendant No.1 has not acquired valid title over the suit
schedule property under the oral gift executed by plaintiff
No.1 in favour ... Defendant
No.1 contends that plaintiff No.1 had executed valid oral gift
in favour of the defendant No.1 in respect of the suit
defendants
side.
26. It is settled that the conditions for making valid oral
gift under the Mohammedan law are - there should be wish or
intention ... relied by the
defendants cannot be accepted as valid one as the factum of
oral gift is not proved in accordance with the provisions
valid gift, namely, a declaration of 'gift' namely, a
declaration of 'gift' by donor and acceptance of the gift,
express ... effect to the oral gift in favour of defendant
No.1. it cannot be curtailed. Accordingly gift is considered as
valid, and allocation
valid gift. Though this Court hold that the defendant
No.1 had an intention to gift the suit property orally vide
oral gift dated ... donee, thus the said gift cannot be accepted as valid.
Under the oral gift dated 20/2/2004 if the plaintiff would
wants to seek