When delivery of possession is not required?






Delivery of possession is a vital element for making a valid gift. If a gift is taken place without delivery of possession such gift is not valid. So the delivery of possession is necessary for making a valid gift. But there are some exceptions regarding delivery of possession for making a valid gift. Following exceptions are available where delivery of possession is not required;-
1.      Where both the parties reside in the same house,
2.      Where husband or wife has made the gift,
3.      Where father or mother has made such gift in favour of their child,
4.      Where the guardian makes gift to the ward,
5.      Where the subject matter of the gift is already in the possession of the donee,
6.      Where the gift is made by testamentary will.

1.      Same residence: If the donee and the donor reside in the same house, delivery of possession is not necessary for completing the procedures of making a valid gift. Where both the parties, the donor and the donee, lives in the same house and the subject matter of the gift is that place where both the parties are living together such gift’s need not to deliver the possession of the property.
2.      Husband to wife or vice versa: If both the parties are husband and wife during making gift delivery of possession is not required. When donor has declared his/her wills and the donee has been accepted the declaration, it is deemed to be that the possession of the gift has been delivered to the donee.
3.      Parents to children: Where parents have made a gift to their children delivery of possession is not required for complete the procedures of making a gift. It is deem to be that possession has been delivered to the children.
4.      Guardian to ward: Where a guardian has made a gift in favour to his ward delivery of possession is not required.
5.      Donee is in possession: Where the donee is already is in the possession of the property further delivery of possession is not necessary proposal from donor and acceptance by the donee are enough.
6.      Gift by will: As a will gift becomes effective after the death of the testator, delivery of possession is not required in such case. But the gift will be effective after the death of the testator.

Written With The Help Of Refference Book:
            Mulla’s Principles Of MAHOMEDAN LAW  (19th Edition)
Written By: M. Hidayatullah & Arshad Hidayatullah (India).

            Text  Book Of MOHAMMEDAN LAW  (23rd Edition)
Written By: Aqil Ahamad (India).

            MUSLIM LAW  (17th 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(1st Edition)
Written By: Dr. Muhammad Faiz-Ud-Din (Bangladesh).

           MUSLIM LAW  (1st Published-March,2012)
2nd Pirnt: August,2013
Written By: Salena Akter;
A.N. M Arifur Rahman;
Md. Jahid Hossain Dolon(All are Bangladeshi).
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