Law:

Section:

(a) Islamic Law--- ----Gift--- Requirements---Proof of gift---Procedure---Gift between family members---Essentials---Contention of plaintiff was that gift deed in favour of defendant was based on fraud---Suit was dismissed concurrently---Validity---Defendant was residing in the house of deceased donor on temporary basis---Presence of defendant in the suit property was not as an owner or donee---Mere presence over the property could not be termed as owner---Defendant was bound to prove the delivery of possession of suit property being essential to the validity of gift---Defendant had not alleged anywhere that after execution of gift deed possession of suit property was delivered to him by the donor---Where possession of property was already with the beneficiary then in order to make a valid gift donor was to perform any of the overt act to disassociate himself from the property in order to let the surviving legal heirs know that the property would now solely rest with the donee---No such overt act was done by the deceased in the present case to inform the remaining legal heirs that he had gifted suit land to his nephew---Offer, acceptance and delivery of possession of gifted property did not take place in absence of such overt act---Gift, in such circumstances, had become invalid and no rights could be claimed on the basis of that void gift---If donor had not handed over the possession or if he was still reaping the benefit then the delivery of possession conditionality was not fulfilled and gift remained invalid---Gift would take effect from the date on which the requisite possession of the property was delivered to the donee and not from the date on which declaration was actually made---Gift would be void without delivery of possession of the property to the donee even if it was made through a registered document---Delivery of possession was not necessary in case of father/mother and son (being donor and donee), both in possession of the property being gifted, however, to make such a gift complete the donor had to perform some overt act through which he would indicate his intention to transfer possession and to divest himself of all control over the gifted…

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