Provisions of the Transfer of Property Act and Registration Act that a gift by a Muslim would be complete even if there is no writing; and, it depends, for its validity, upon......

As regards the case of Allah Diwaya (PLD 2008 Supreme Court 73), relied upon by the learned counsel for the petitioners, suffice it to say that the same is distinguishable on law as well as facts of the case inasmuch as in the present case the distinguishing feature was the admission of PW-1 qua delivery of possession of the disputed house by the donor-Muhammad Iqbal to his wifedonee. In presence of such depositions-admissions made by PW-1 & PW-2, the dictum laid down in the case of Maulvi Abdullah and others (1987 SCMR 1403) is attracted wherein it has been held:- 

“Although no reference was made to section 129 of the Transfer of Property Act, yet it was held after discussing the other provisions of the Transfer of Property Act and Registration Act that a gift by a Muslim would be complete even if there is no writing; and, it depends, for its validity, upon: 

(1) a declaration of gift by the donor;

(2) acceptance of 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 aforementioned 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, held as complete under the Muslim Law and as such operative notwithstanding the non-registration of the gift deed itself.” 

Part of Judgment 

IN THE LAHORE HIGH COURT LAHORE JUDICIAL DEPARTMENT
Civil Revision
752-12

2017 LHC 4748