Law: Registration Act (XVI of 1908)

Section: 17, 49

Registration Act (XVI of 1908) Ss. 17 & 49-Muhammadan Law-Gift-Execution of gift deed in favour of donee-Not sine qua non for validity of gift-Unregistered gift deeds in favour of Muslim donees-Admissible as evidence of gift. Notwithstanding the amendment of section 49 of the Registration Act by Registration Amendment Ordinance, 1962 the unregistered gift deeds were admissible in evidence. The donor and the donee were governed by Muslim Law and execution of the documents was not sine qua non for the validity of the gift. The impugned gift had to be examined with reference to the provisions of Muhammadan Law and that no sooner it was clear that there had been a delivery of possession of the donated property, the gift was complete and irrevocable, for, the parties were related in prohibited degrees. A gift by a Muslim would be complete even if there is not writing and it depends for its validity upon (1) a declaration of gift by the donor; (2) acceptance of the gift expressly or impliedly by or on behalf of the donee, and (3) delivery of possession of the subject-matter by the donor to the donee. If these three conditions are complied with the gift is complete. Registration of the document will not be helpful if either of the aforemen tioned conditions are not satisfied. A written instrument in any case would not create a gift but is a mere evidence of the gift and as such would not in the case of a Musalman require registration. The gift was, therefore, complete under the Muhammadan Law and as such operative notwithstanding the non-registration of the gift deed itself. Fateh Mahomed v. Mitha and another A I R 1926 Lah. 286 ; Nasib Ali v. Wajed Ali A I R 1927 Cal. 197 ; Anwar Sultana and others v. Pakistan Co operative Housing Society Ltd. P L D 1964 Kar. 116 and Inayatullah and others v. Shah Muhammad and others P L D 1961 Lah. 372 ref. Date of hearing : 19th September 1974.                                                                                  …