--Three important pre-requisites of a valid gift are an explicit offer of the gift by the donor, acceptance of the gift by the donee and delivery of possession under the very gift to the donee---Said conditions are mandatAory in nature and absence of any ingredient renders the very gift invalid.

 2021 M L D 1745

(a) Gift---

----Evidence beyond pleadings---Dishonest improvements---Scope---Petitioner claimed that his father orally gifted the entire land to him during his life time but neither disclosed the specific date, time, place nor the names of witnesses in whose presence the oral gift transaction of suit land was made in his favour---Petitioner had to prove the gift through trustworthy corroborative evidence, but no such proof was furnished with respect to offer, acceptance and delivery of possession, as such, he had failed to prove the alleged oral gift---Petitioner, while appearing in the witness box had made unauthorized improvements as the names of witnesses were not mentioned in the plaint---Evidence produced by the petitioner was out of pleadings which could not be considered or discussed, rather was liable to be ignored while deciding the lis---Revision petition was dismissed.

(b) Gift---

----Necessary constituents of a valid gift are offer by the donor, acceptance by donee and delivery of possession---Any infirmity in proving such constituents vitiates the validity of gift transaction---Bounden duty of the donee/beneficiaries of the transaction to prove the validity of gift such as the offer made by the donor and acceptance of the offer of gift by the donee as well as delivery of possession of gifted property through believable evidence with exact information of day, date, time and presence of the witnesses.

(c) Gift---

----Three important pre-requisites of a valid gift are an explicit offer of the gift by the donor, acceptance of the gift by the donee and delivery of possession under the very gift to the donee---Said conditions are mandatory in nature and absence of any ingredient renders the very gift invalid.

(d) Civil Procedure Code (V of 1908)---

----S.115---Revision---Conflicting findings of courts below---Scope---Findings of appellate court, in the event of conflict of judgments, are to be preferred and respected, unless it is shown from the record that such findings are not supported by evidence.