Apex Law Journal
Apex Law Journal
An online law journal reporting latest and important judgments of Hon'ble Supreme Court of India.                                                                                                                         Click here to get free legal updates via email                                                                                                                          Click here to download forms (Address Form, List Of Documents and Memorandum Of Appearance)
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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Gift

Wednesday, September 16, 2009
Gift

Gift — The donor may lawfully make a gift of a property in the possession of a lessee or a mortgagee.

 
Gift

Gift — Constructive possession — For effecting a valid gift, the delivery of constructive possession of the property to the donee would serve the purpose.  

 
Gift

Gift — Even a gift of a property in possession of trespasser is permissible in law provided the donor either obtains and gives possession of the property to the donee or does all that he can to put it within the power of the donee to obtain possession. 

 
Gift

Gift — A gift indisputably becomes complete when a person transfers with immediate effect the ownership of his movable or immovable property to another person, and that other person himself or someone else with his consent takes possession of the property gifted — Under Mohammadan Law it is a contract which takes effect through offer and acceptance. 

 
Friday, May 15, 2009
Gift

Gift — Under Mohammadan Law it is a contract which takes effect through offer and acceptance — The conditions to make a valid and complete gift under the Mohammadan Law are as under :

(a) The donor should be sane and major and must be the owner of the property which he is gifting.

(b)  The thing gifted should be in existence at the time of hiba.

(c)  If the thing gifted is divisible, it should be separated and made distinct.

(d)  The thing gifted should be such property to benefit from which is lawful under the Shariat.

(e)  The thing gifted should not be accompanied by things not gifted; i.e. should be free from things which have not been gifted.

(f)  The thing gifted should come in the possession of the donee himself, or of his representative, guardian or executor.

 
Gift

Gift — Held, it is well settled that if by reason of a valid gift the thing gifted has gone out of the donee’s ownership, the same cannot be revoked.

 
Gift

Gift — The donor may lawfully make a gift of a property in the possession of a lessee or a mortgagee — For effecting a valid gift, the delivery of constructive possession of the property to the donee would serve the purpose — Even a gift of a property in possession of trespasser is permissible in law provided the donor either obtains and gives possession of the property to the donee or does all that he can to put it within the power of the donee to obtain possession. 

 
Gift

Gift — Constructive possession of the property — Held, constructive possession of the suit premises, in the present case, must be held to have been handed over by the donor as he had himself prayed for mutation of donee’s name in the revenue record.

 
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