“5.Under Section 147 of Principles of
Mahomedan Law by Mulla, 19th Edn., edited
by Chief Justice M. Hidayatullah,
envisages that writing is not essential
to the validity of a gift either of
movable or of immovable property,
Section 148 requires that it is
essential to the validity of a gift that
the donor should divest himself
completely of all ownership and dominion
over the subject of the gift. Under
Section 149, three essentials to the
validity of the gift should be, (i) a
declaration of gift by the donor, (ii)
acceptance of the gift, express or
implied, by or on behalf of the donee,
and (iii) delivery of possession of the
subject of the gift by the donor to the
donee as mentioned in Section 150. If
these conditions are complied with, the
gift is complete. Section 150
specifically mentions that for a valid
gift there should be delivery of
possession of the subject of the gift
and taking of possession of the gift by
the donee, actually or constructively.
Then only the gift is complete. Section
152 envisages that where the donor is in
possession, a gift of immovable property
of which the donor is in actual
possession is not complete unless the
donor physically departs from the
premises with all his goods and
