title.
c. An oral gift by a brother to a sister was
not permissible. At all events, such an oral gift
even if permissible ... High Court erred in holding that there
was a valid oral gift by Damodar Rao in favour
of Rukminibai.
d. There was no plea
Gift, but the contents of Ex. P. 28 disclose that the transaction is a partition. The legal concept of partition and the gift are totally ... dissimilar.
22. In Mohammadan Law, the necessary requisites of the valid oral gift pre-supposes the following ingredients:
(i) a declaration of gift
title.
(c) An oral gift by a brother to a sister was not
permissible. At all events, such an oral gift
even if permissible ... High Court erred in holding that
11
the there was a valid oral gift by Damodar Rao
in favour of Rukminibai.
(d) There
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
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
registered document. An oral gift is also permissible.
The three essential ingredients of the gift, as stated in
Section 138 of the Mohammedan ... 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
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
11101/1998 to have
proved that the oral gift was validly made by
Zeenatunnissa. Ex.D45 contains signature in English ... burden was on Yasmeen Sultana to prove that
her mother validly made an oral gift in her favour. But
the trial court's finding
legal
guardian, held that the oral gift made by Khajasab in
favour of the plaintiff is not a valid gift and the plaintiff
cannot become ... said aspect, the Trial
Court has rightly held that the oral gift is valid and
decreed the suit.
15. Learned counsel for the respondent would
property on 12.12.2002 when he
orally gifted the property to the plaintiff. The plaintiff would
also contend that oral gift is evidenced in a declaration ... oral gift is untenable and declaration of oral
gift is concocted. Hence even on re appreciation of evidnce
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relating to oral gift, this Court
