AIR 1949 LAHORE 238

Lahore High Court

Hon'ble Judge(s): Cornelius , J

(A) Muslim Law , — Gift - Delivery of possession - Gift of premises by mother to daughter - Both residing in premises - Recitation of delivery of possession in deed is enough - Actual delivery is not necessary. The conditions of a valid gift in Muhammadan law are that there should be a declaration of gift by the donor, an acceptance whether express or implied by the donee and delivery of possession of the subject of the gift by the donor to the donee. The possession may be such possession as the subject of the gift is susceptible of. In suitable cases, constructive possession may suffice to meet the legal requirement.(Para 2) Where the gift is from mother to daughter of a house where both the donee and the donor reside, recitation of delivery of possession to the donee in the deed itself is enough to constitute a valid gift and it is entirely unnecessary for the mother to depart from the gifted premises in order to secure the possession of the daughter.(Para 2) (B) Muslim Law , — Gift - Musha - Doctrine of, explained - It has no application to property situated in large commercial town - Premises, subject-matter of gift, situated in Lahore - Donor in possession of her share in premises - She can gift it to her daughter - Even if her share is undivided ....