Law:

Section:

(a) Muhammadan Law  Gift--Meaning and constituents of. Gift in the language of law means a transfer of property immediately and without any exchange. The requirements of a valid gift in the words of Syed Amir Ali, in his commentary on Muhammadan Law, 4th Edition, page 41, are "(a) manifestation of the wish to give on the part of the donor; (b) the acceptance of the donee, either impliedty or expressly, and (c) the taking of the subject-matter of the gift by the donee, either actually or constructively". It presupposes a bona fide intention on the part of the donor to divest himself fn praesunti of the property and to confer it upon the donee. In accordance with the Muslim Law, it is complete once the possession is delivered, subject to an exception only in the case of gift to a minor by his father or other guardian. (b) Muhammadan Law  Gift-Donor filing suit against squatters for possession of gifted property some weeks after declaration of gift suit decreed and on execu tion of decree possession delivered to donee on direction of donor-- Possession, held, delivered to donee only as agent or representative of donor-Respondent not pleading ratification by donor of delivery of possession to him as donee-Donor not having divested himself of ownership of property and possession also not given to donee gift, held, invalid and ineffective. Roshan Ali and others v. Mst. Abedur Nesa and others P L D 1963 Dacca 712 ; Baillies' Digest of Muhammadan Law, Third Impression, p. 533 ; Taju Khan v. Mazhar Khan A I R 1952 All. 614 ; Muhammad Latif v. Muhammad Nawaz P L D 1960 Lah. 130 ; Bahadur v. Jan Muhammad P L D 1960 Kar. 745 ; Jhumman v. Hussain and others 129 I C 161 ; Raj Khan and others v. Fazal Husain and others 1972 S C M R 267 ; Shamshad Ali Shah and others v. Syed Hassan Shah and others P L D 1964 S C 1,13 ; Amir Muhammad Khan v. Dost Muhammad and others 1968 S C M R 859 ; Qamruddin v. Mst. fasm: Jan A I R 1935 Lah. 795 ; Rani Khujooronissa v. Anshan and others (1876) L R 3 I A 291 and K. S. Agha Mir Ahmed Shah and others v. K. S. Agha Mir Yaqub Shah P L D 1957 Kar. 258 ref. Date of hearing : 9th October 1974.        …