parties are governed by Mohammedan Law, the ingredients to
constitute a valid oral gift under the Mohammedan Law have been
proved and hence the defendants ... Appellate
Court ought not to have held that there was a valid oral gift made by
Haji Eba Sheikh in favour of the defendants
oral gift allegedly made by Rashid in favour of defendants
no.3 to 8. It was contended that although a Muslim can make oral gift ... valid oral gift by a Muslim, three conditions have to be satisfied,
R. S. A. No. 1121 of 2010 3
namely :-
(i) Declaration of gift
oral gift was permissible; that all the ingredients required
to complete the gift had been satisfied making the gift valid and legal and hence ... gifted, the donor retains
no power to revoke the gift.
7. The judgment under appeal inspite of the award holding oral gift to be
valid
change of ownership.
8. Mr. Patil submits that even oral gift is valid
under provisions of the Mahomedan Law. There cannot be
any duality ... position in so far as gift transaction is concerned.
The Rule that a Mahomedan can make a oral gift is a
general Rule applicable
evidence of an oral gift is to be
accepted, then for the gift to be valid, there must
be material on record to establish that ... oral gift or
simultaneously with it. Had it indeed been
subsequent to the oral gift, there certainly would
have been some reference to the oral
appearing for the plaintiff/appellant to the effect that Hazura
Singh had gifted the land measuring 76 kanals 15 marlas situated in
the area ... Counsel
on the question of law?
2. As to whether oral gift is valid in view of
Section 123 of the Transfer of Property
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
house was given to them by their mother
Bibi Aliman by oral gift dated 01.07.1994 and the said claim was supported
-4-
by their mother ... incidentally found that the said oral gift having
fulfilled the requirement of Mohammemdan law was legal and valid,
according to which original plaintiffs had acquired
occasion for him to gift his property including house to his nephew Noor
Mohammad by oral gift of 1945, failing to appreciate that during ... executed by them on the basis of the
alleged oral gift cannot legally be valid and proper.
28. On the other hand, the defendants were
valid evidence that he is living in the suit premises since much
before 1989 in his own right on the basis of oral gift ... regard to oral gift in the name of his wife was
merely a self serving statement without being supported by any valid and
reliable material
