here, read as under:-
"It is not disputed that oral gift is valid under Mohammedan Law.
It also could not be disputed that memorandum ... others , where it has been held that oral
gift is valid provided if it satisfied the following essentials:-
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that much prior to the
death, deceased Gulam Nabi, by a valid oral gift deed, had gifted the
properties to Defendant
gift; an oral gift
fulfilling all the three essentials makes the gift complete and
irrevocable. However, the donor may record the transaction of
gift ... 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
gift; an oral gift
fulfilling all the three essentials makes the gift complete and
irrevocable. However, the donor may record the transaction of
gift ... 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
well as
oral evidence before the competent authority or forum
that the said oral gift as well as possession receipt is
valid and said transaction
relinquish their
rights by way of Gift, even oral, in favour
of brothers which would be valid and in case
of Dokka Samuel versus
gifted should not be accompanied by things
not gifted i.e. should be free from things which have not
been gifted.
(f) The thing gifted ... regarding the
making of gifts are satisfied, the gift is valid notwithstanding the
fact that it is oral and without any instrument. If there
mortgaged in favour the 1st and 2nd respondents had already been gifted away. It is a clear attempt to defraud the court as well ... Court has also held oral Hiba is not valid in law, which was followed by a forgery document. The gift made with an intention
gifted orally. Mriging is not necessary.
According to the said law, the donor has to declare the gift, the
done is to accept the gift ... orally made.
5. I thus find that the oral gift made by the defendant to
the plaintiff was legally valid.
xxxxx
Gift was valid
claim of title over the suit land on the basis of oral gift of the year 1991
and on that basis he defended his possession ... held by the courts below that
no valid title or possession on the basis of oral gift can be created over
an immovable property
