Law: Sindh Land Revenue Code, 1879

Section: 135-B, 135-C, 135-D

Law: Land Reforms Regulation, 1972

Section: 7, 10(1)(b)

Law: West Pakistan Land Revenue Act, 1967

Section: 42(6)

Law: Constitution of Pakistan, 1973

Section: 269(2)

(a) Muhammadan Law Gift-Essentials: declaration by donor; acceptance, express or, implied, by or on behalf of, donee; and delivery of possession- Neither writing nor mutation of names-in revenue records necessary -Establishment of bona fide intention to make gift alone necessary. [Gift]. It is well known that Muhammadan Law has prescribed just three simple but very essential requisites for a valid gift. These are: (1) a declaration of gift by the donor (2) acceptance of the gift, express or implied, by or on behalf of the donee, and (3) delivery of possession of the subject-matter of' the gift by the donor to the donee. In simple words, the three acts involved are that the donee should make a declaration of gift and give the gift property to the donee, and the latter should accept it. It is not even essential that the gift should be made in writing, for a written gift is as good as an oral one. The Privy Council upheld a verbal gift. Writing is, therefore, not essential to the validity of a gift, either of movable, or of immovable property. No mutation of names in the Record of Rights is also necessary to complete the transfer of possession of the gift property. A gift of lands in occupation of Haris may be completed by the donor asking the Haris to attorn to the donee, or by delivery of title deeds, or by getting the mutation-entries effected in donee's favour in the Record of Rights. A husband making a gift of the house to his wife, which is in their' joint occupation, may complete the delivery of possession of the corpus of the gift, which is one of the essential requisites of a valid gift, by making a declaration to the effect that he gives the house to his wife as a gift along with its possession, on his wife accepting the property, the gift would be complete and valid under the Muhammadan Law. The same procedure would be true in the case of a house let out to the tenants, or in the case of lands .cultivated by Haris, if the tenants or the Haris are asked by the husband to attorn to his wife. In such cases, the fact that the husband continues to live in the house or receives the rents from the tenants, after the dale of the gift, would not…