Abdur Rahman and others, Appellants v. Smt. Athifa Begum and others, Respondents.

CHIDANANDA ULLAL, J.

Muslim law - Gift - Essentials of - Possession of gifted property not made over to beneficiary by gift deed - Beneficiary not in actual or symbolic possession of property till death of donor - No recital in deed that gift was accepted by beneficiary - Held, it was not valid gift.

The three essentials of a gift under Muslim law are as follows: i) declaration of the gift by the donor, ii) acceptance of the gift so made by the donee and iii) delivery of the possession or the usufruct of the subject property so gifted. Courts have consistently held that when where is no compliance of any of the above three essential conditions, the gift rendered itself as invalid. (Source: AIR 1998 Karnataka 39)