Law: Qanun-e-Shahadat (10 of 1984)

Section: 30,49,132

Law: Civil Procedure Code (V of 1908)

Section: 100,O.VI, R.1 & O.VII, R.1

(a) Muhammadan Law-----Gift---Essentials of a valid gift-.-Mode and manner of delivery of possession--.Essential elements of a valid gift under Muhammadan Law are: Declaration of gift by the donor; express or implied acceptance of gift by donee; and seism/delivery of possession of donated property by donor to the donee ---Possession is thus, a condition precedent to the validity of gift--�Possession, however, should be given to the doree as nature of property permitted---Mode and manner of delivery of possession is dependent upon the nature and character of the property and question of delivery of possession is required to be considered by taking into consideration all the facts and circumstances of each case---Where a gift was made and direction was given to the donees to take possession of the subject-matter of gift and partition it among themselves such gift was deemed to be valid.Sahibzada Muzaffar Ali v. Mst. Agha Begum and others PLD 1968 Lah. 372; Farid v. Mst. Nur Bibi PLD 1970 Lah. 502; Mushtaq Ahmad and 4 others v. Said Muhammad and another PLD 1987 AJ&K 57; Khurshid-ul� Islam v. M/s. Qamar Jahan 1989 CLC 1467; Hidaya XXX at page 482; B.E. Baillie in his Digest of Mahomedan Law pages 520-521; Sharifa Bibi v. Golam Muhammad Dastagir Khan ILR 16 Mad. 43; Sheikh Ibrahim v. Suleman and others ILR 9 Bom. 149; Muhammad Mumtaz Ahmad and others v. Zubaida Jan ILR 111 All. 460 (PC); Hassanalli Dagumiya v. Ruhullah Hamad AIR 1925 Bom. 305; Abdul Haque and others v. Mst. Tamizan and others AIR 1927 Pat, 20; Bibi Khewer Sultan v. Bibi Rukhia Sultan ILR 29 Bom. 408; K.S. Agha Mir Ahmad Shah and others v. KS, Agha Mir Yaqoob Shah and others PLD 1957 Kar. 258; Anjuman Islamia, Muzaffargarh v. Ashiq Hussain and another PLD 1967 Lah. 336; Ashiq Hussain another v. Ashiq Ali 1972 SCMR 50 and `Mahomedan Law, `by Syed Ameer Ali pages 110-114 rel.(b) Muhammadan Law-------Gift---Validity---Donor's statement before Patwari which' was recorded in "Roznamcha Waqiate" on basis of which mutation was entered and his statement before Revenue Officer making declaration of gift and acknowledging delivery of possession of donated property to donee along with donee's…