Mohammadan
Law, oral gift Hiba is permissible, but the learned trial Court has
not examined whether the ingredients which are applicable for
valid Hiba have
they belong, they can gift the whole of their property to whosoever they want. The essential condition for a valid gift are that there must ... occasion to deal with the ingredients of a valid oral gift and it held as under:-
"8. ... In this context Sections
oral gift made by late Ibrahim
https://www.mhc.tn.gov.in/judis
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Rowther. As already discussed supra, oral gift by itself is valid ... Ibrahim Rowther were subject matter of oral gift and as already discussed
above, the oral gifts has been validly established by the 1st defendant
parties
being the Mohammadans, oral gift is very much
recognized, as such defendant No.1 has acquired valid title
over the properties ... well settled principle of Mohammadan
law that there can be a valid oral gift by a Mohammadan
in favour of any Mohammadan prima facie this
been attested by the Tehsildar on the basis of
an oral gift made by the father of the petitioner in favour of
Mst. Zaina ... mutation
has been attested, is void as the ingredients of a valid oral gift
are not satisfied in the instant case. It has been also
transfer made in respect of granted lands
through a registered sale deed, gift deeds, exchange, lease or
assignment. Therefore, there is no bar to bequeath ... fact, firstly, whether there was oral gift and secondly, whether
alleged oral gift was valid, no averment in the plaint in respect of
any gift
ingredients of
valid Hiba are proved in this case.
24.That under the Mohammedan Law to validate an oral gift three essential
ingredients viz. declaration ... 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
ingredients of
valid Hiba are proved in this case.
24.That under the Mohammedan Law to validate an oral gift three essential
ingredients viz. declaration ... 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
necessary to
constitute a valid gift, namely, a declaration of 'gift'
by Donor and acceptance of the gift, express or
implied ... which are necessary to constitute a
valid gift, namely, a declaration of gift by donor,
acceptance of the gift and express or implied
gift must be reduced into
writing and requires compulsory registration. An oral gift of
the immoveable property cannot be said to be valid ... oral gift deed dated
05.03.1949. It was further held that the learned trial Court fell in error in
recording that the oral Gift Deed executed
