Gift under Mohammedan law valid without proof: SC

The top court’s judgment came on a plea relating to the partition and possession of agricultural land at Kusnoor village in Karnataka’s Gulbarga district, which was given under an oral gift (hiba)

- 

The Supreme Court Tuesday said a gift (hiba) under Mohammedan Law does not require a written document to be valid.

The court said there are three essential conditions for an oral gift - a clear manifestation of the wish to give on the part of the donor, an acceptance of the gift by the donee and the taking of possession of the subject-matter of the gift by the donee, either actually or constructively.

A bench of Justices Ahsanuddin Amanullah and S V N Bhatti said an oral gift that fulfils the three essential requisites is complete and irrevocable.