oral gift and
also Ex. P-8, a memorandum of gift deed. As discussed supra, the Trial Court
disbelieved the oral gift and also ... oral gift.
38. The oral gift confines to 10 acres of the total extent of 24 acres 28
guntas. The oral gift is stated
valid gift under the
Mohammedan Law. They are:-
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(a) The gift is required to be declared by person making the
gift ... valid gift
under the Muhammadan law three essential features, namely, (i)
declaration of the gift by the donor, (ii) acceptance of the gift
valid oral gift under muslim law.
33. Undisputedly, an oral gift of the property by a mother to her
son or daughter is valid ... require registration under the
registration act. However, to be a valid oral gift and the claim under it to
the rights or interest
only spoken about oral Hiba but also Ex.A.2 - While
discussing oral Hiba, plaintiff had stated that oral gift had
been made in presence ... gift is not valid even though it
may have been effected by a registered instrument. Therefore,
a valid gift could be made by oral statements
verbatim reproduce the declaration of Hiba does not render
an otherwise valid oral gift invalid. Under Mohammedan Law what completes
a Hiba is the declaration ... others, after extensively
discussing the essential ingredients of a valid oral gift under Mohammedan
Law, observed as follows:
“25.The upshot of the above discussion
have recital about
the oral gift and the necessity to execute these documents. In
Mohammedan Law, oral gift is valid, if conditions mentioned in
Sections ... under
the provisions of the Mohammandian Law, oral gift is valid and as
the same was consented and accepted by the appellants and that
doubt, making oral
gift is permissible. The conditions for making valid oral
gift under the Mohammedan law are: (i) there should be
wish or intention ... valid gift under the
Muhammadan law three essential features, namely,
(i) declaration of the gift by the donor, (ii)
acceptance of the gift
effect of a valid oral gift
are reiterated as follows:
36.1 There are three essential
conditions for an oral gift under
Mohammedan Law. First ... gift by
the donee, either actually or
constructively.
36.2 A gift under Mohammedan Law
does not require a written document
to be valid. An oral
submitted that regarding the validity of Hiba
(gift) under Mohammedan Law, both oral and written gifts are
valid if three conditions are fulfilled ... consideration:
(i) Whether the disputed property was
validly accepted and received by Jiyauddin
through an oral gift (hiba) from Najmun
Nisha?
(ii) Whether Jiyauddin
essentials of a gift under
Mohammadan Law, i.e., (i) declaration of the gift by the donor;
(ii) acceptance of the gift by the donee ... have to be complied with to make Oral gift (Hiba) valid. Though, the
Rules of Mohammadan Law do not mandate that Hiba
