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
Hiba(gift) in Muslim law
that gift be unconditional and any conditions imposed or expressed are
void to say the gift is however valid ... record transaction of the oral gift later by
reducing in writing as an acknowledgment of prior oral gift. It is to say
in case
Mohammedan
law of gifts. It is because under Mohammedan law of custom as
a source of law an oral gift is valid. That is even ... gift there are pre-requisites that must be established to
validate an oral gift. One is declaration of gift that is required
to be established
consequently the subsequent oral gifts i.e, gift made by Ismail in favour of
his wife and later the gift made by her in favour ... essential requisites to make a
gift valid: (1) declaration of the gift by the donor, (2) acceptance of
the gift by the donee expressly
title, with mala fide intention. As per Muslim law, oral gift is valid and no writing or document is necessary. Since the 2nd defendant ... pillars of a valid gift under the Mohammedan law are declaration, acceptance and delivery of possession. There can be a valid gift of property
regarding the making of gifts, are satisfied, the gift is valid notwithstanding the fact that it is oral and without any instrument. If there ... High Court held:
"Mohammedan Law permits an oral gift, but to make a gift valid the following three essentials must co-exist
gift to give effect to the oral gift of her husband and father-in-law.
Their further contention was that the deed of gift dated ... Lakshmidevamma in recognition of their antecedent title under the anterior oral gift, is valid and binding upon the plaintiff,
(3) that notwithstanding the nomenclature
respondent-plaintiff, on the other hand, submits that the oral gift is valid as there is dedicalion of the suit land in favour ... endowment with respect to immovable property by donating the same orally and such oral gift has been in vogue from the beginning and the said
Sada And Etc. Etc. vs The Tahsildar, Utnoor, Adilabad ... on 24 September, 1987
Equivalent citations
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