What are essential elements for making gift?

Making a gift is not easy task. Both the parties have to follow a strict and hard procedure for making a gift. The transferor or donor has to offer and delivery the respective property to the transferee or the donee has to accept the offer and possession of the property from the donor. So, the donor and the donee both parties have follow the following procedures which are given below and are necessary for making a valid gift;-

1. The donor must express his willing to make a gift to the donee which in short known as Offer or proposal for gift,

2. The donee must agree with the donor’s will which is known as acceptance, &

3. The donor must deliver the possession of the property to the donee.

1. Offer or Proposal: The donor must make declaration that he will to make a gift to the donee. The declaration by the donor must be clear and express together with intention to make the gift. The declaration needs not to be in the form of speech. The declaration may be made in any form but the intention of the donor must be clear and express. The proposal or offer must be made voluntarily. If the declaration of the gift has been made according to fraud, undue influence or misrepresent such gift will be void.

2. Acceptance: The donee must accept the proposal or offer to receive the gift. If the donee doesn’t accept the proposal which was declared by the donor the declaration of the gift will be postpone at that time. Acceptance by the donee must be express and clear. The donee or the transferee of the gift must be competent to the gift. If the donee of the respective gift is minor, father of the minor may accept the declaration on behalf of the minor child.

3. Delivery of Possession: The donor must deliver the possession of the property to the donee as soon as acceptance has become completed. If the donor has declare his willing to make a gift and the donee has accepted such proposal, but the donor has not yet delivered the possession of the respective gift such gift is not valid. The donor may revoke the gift before the delivery of the possession.

If both parties have completed all the three procedures at the time of making gift such gift is valid.

Written With The Help Of Refference Book:

Mulla’s Principles Of MAHOMEDAN LAW (19^th Edition)

Written By: M. Hidayatullah & Arshad Hidayatullah (India).

Text Book Of MOHAMMEDAN LAW (23^rd Edition)

Written By: Aqil Ahamad (India).

MUSLIM LAW (17^th Edition-2014)

Written By: Syed Khalid Rashid.

Revised By: Prof. V. P. Bharatiya (India).

Text Book On ISLAMIC LAW

[Including Statutory Family Laws]

Reprint: May 2009(1^st Edition)