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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