Under the Mahommedan law, a gift, in order to be valid and binding upon the parties, must fulfil the following three conditions:

In this scenario, the case law referred to by the learned counsel for the petitioners in a case of Muhammad Ejaz and 2 others (2010 SCMR 342) is rather fully applicable to the case of respondent, relevant portion whereof is reproduced hereunder:-

 “Under the Mahommedan law, a gift, in order to be valid and binding upon the parties, must fulfil the following three conditions:- 

(a) a declaration of gift by the donor;

(b) acceptance of gift by the done; and 

(c) delivery of possession of corpus. 

On the fulfilment of the above three ingredients, a valid gift comes into existence. A valid gift can be effected only, if the pre-requisites are complied with. Written instrument is not the requirement under the Muslim Law nor is the same compulsorily registrable under the Registration Act, 1908.”

 Part of Judgment 

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

2017 LHC 4748