sale deed Ex.75 Kha. (21.12.1970) was not
validly executed.
Whether there was a valid oral gift in favour of the respondent-
plaintiff-Shami Mohd ... consider whether the
oral gift pleaded by the respondent-plaintiff satisfies the essential
conditions of oral gift and in particular, whether possession has been
established
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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requirements of a valid gift, law cannot presume
that a valid gift has been orally made by a
mohammadan in favour of a donee. That ... gift; an oral gift fulfilling all the three essentials
make the gift complete and irrevocable. However,
the donor may record the transaction of gift
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
that much prior to the
death, deceased Gulam Nabi, by a valid oral gift deed, had gifted the
properties to Defendant
valid oral gift has been explained in detail, and it is
extracted as under:-
“21. Under the Mohammedan law, no doubt, making oral
gift ... consider
whether the oral gift pleaded by the respondent-plaintiff
satisfies the essential conditions of oral gift and in
particular, whether possession has been established
oral gift and therefore the plaintiff could not base his title on the strength of the so-called oral gift. The learned District Munsif, before ... further submission that in any event, there being a valid oral gift, his title ought to have been upheld by the lower appellate Court
defendants
side.
26. It is settled that the conditions for making valid oral
gift under the Mohammedan law are - there should be wish or
intention ... relied by the
defendants cannot be accepted as valid one as the factum of
oral gift is not proved in accordance with the provisions
grounds of review are that
under Muslim Personal Law an oral gift is valid and binding and the
gift is not require to be registered ... virtue of gift they have become the owner of the
suit property and under Muslim Personal Law, oral gift is valid
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
