Law:

Section:

(a) Limitation Act (IX of 1908)-------S. 5---Civil Procedure Code (V of 1908), S.115---Islamic Law--­Condonation of delay---Matter relating to inheritance---Effect---Such disputes should be disposed of on merits---Delay in filing of revision petition was condoned by High Court in circumstances. (b) Islamic Law--- ----Gift---Proof---Essential ingredients---Three essentials of valid gift, firstly, there must be a declaration of gift by donor, secondly, acceptance of gift express or implied by or on behalf of donee and thirdly, delivery of possession of the subject of gift---Besides offer made by donor and acceptance by donee, delivery of possession should be in such a way or naked that it should come into the knowledge of other legal heirs--­Delivery of such possession is possible only when physical or constructive possession is transferred at the spot to donee, otherwise, the transaction would be void ab initio and an outcome of concealment. (c) Islamic Law-- ----Gift---Land---Transfer of possession---Proof---Transfer of possession should be such that when donor dies other legal heirs must know that the donee is physically cultivating the land so given---Such change must reflect from Revenue Record as well. (d) Islamic Law--- ----Gift---Land---Onus to prove---Depriving other legal heirs of their legal share---Concealing gift deed---Plaintiffs assailed the gift deed on the ground that the same was act of concealment, result of fraud and they had been cultivating the suit-land since the very beginning---Trial Court decreed the- suit but Appellate Court allowed the appeal and the suit was dismissed---Validity---Onus had shifted on the donee ---Donee having failed to discharge the onus upon her and it seemed as if the gift deed was an act of concealment to deprive the other legal heirs, passed by trial Court was in accordance with evidence on record and relevant law---Gift made by a father to a major son or daughter---Fact of delivery of possession should come into existence in such a way that it was an open transaction---Delivery of possession was not essential in case the gift deed was made in favour of a minor son---Findings of Appellate Court were set aside by…

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