Gift

  1. Non — delivery of possession — Objection regarding non-delivery of possession can only be raised either by the doner or his heirs and not by a third person. Muhammad Bashir & others v. Muhammad Yaqub & others 1993 SCR 165 (A) PLD 1979 AJK (SC) 27, AIR 1946 Naq 357 , PLD 1958 Lah. 218, NLR 1979 vivil (AJK) 732 relied.
  2. Delivery of possession is not condition precedent for the validity of a gift in all cases and the condition is subject to all just exceptions. Muhammad Bashir & others  v. Muhammad Yaqub & others 1993 SCR 165 (B)
  3. Musha — The gift of undivided property is only invalid and not ab initio void — It can be perfected after getting the land partitioned. M.Bashir & others  v. M. Yaqub & others 1993 SCR 165 (C)
  4. Except donor and his heirs no other person can validly raise the question of non -delivery of possession for completion of gift-deed but this does not mean that except donor and his heirs no other person on earth can challenge the validity of a gift-deed on the basis of non-delivery of possession. Abdul Sattar and 4 others v. Tariq Aziz and 7 others 1999 SCR 151 (B)
  5. A gift becomes complete when offer made by the donor is accepted by the donee and possession is delivered to donee. Muhammad Aslam and another v.Muhammad Rashid 2006 SCR 11 (C)
  6. Islamic law — valid gift — requirements for — for transfer of property through gift, neither any registered document is required nor any deed is necessary — According to Islamic Law, even a gift can be effected orally and writing is not essential — The requirements for effecting the gift transaction are; offer by a competent owner (donor) and acceptance by the donee, express or implied, followed by the delivery of possession of the gifted property. Kh. Muhammad Latif  v. Bilal Salis & others 2015 SCR  906 (A) 2004 YLR 690, PLD 2005 Quetta 127, 1986 CLC 118 & PLD 1984 Peshawar 260 rel.
  7. —essentials of — declaration of a gift must be expressly made in clear words that donor is conceding his ownership to the property completely—-a gift made in ambiguous words is null and void.  Tahir Ayub versus Naeem Ayub & 10 others 2021 SCR 576 (B)
  8. —Effect of—Held: a gift-deed takes effect from the date when the gifted property is delivered to the donee and not from the date when declaration is made by the donor—- delivery of possession has over-riding effect in Islamic law— without the delivery of actual possession to the donee, the gift is void even if it has been made through a registered deed—Islamic law also does not presume transfer of ownership rights from donor to the done without the actual delivery of possession of the property. Tahir Ayub versus Naeem Ayub & 10 others 2021 SCR 576 (C)  AIR 1954 Patna 280 rel.
  9. —Execution of—proof. See Naseem Akhtar v. Mukhtar Begum & others 2022 SCR 403 (F)
  10. —General Power of Attorney—land alienated through gift deed made on basis of the general power of attorney—validity of gift deed—principle enunciated—the attorney without specific permission as well as directions and intention of the principal is not entitled to transfer the property through gift-deed. Muhammad Faryad v. Zahoor Ahmed & others  2022 SCR 1123 (A) 2016 SCMR 1781; PLD 2001 SC 389 & 1997 SCMR 1811 rel.
  11. —The alienation of land by an attorney through gift-deed without prior permission of the principal of the general power of attorney—gift deed did not specifically contain land in dispute— validity of gift deed—principle—the Court determined that the disputed land was not specifically mentioned in General Power of Attorney as well as the attorney was not competent to execute gift deed without prior permission, consent and approval of the principal. The Court concurred with opinion of the Courts below, declaring gift deed invalid and ineffective. Muhammad Faryad v. Zahoor Ahmed & others  2022 SCR 1123 (B)
  12. — Constitution of — essential ingredients for valid gifts — Under the Islamic law, for constitution of a valid gift, three necessary ingredients are required, i.e., offer, acceptance and delivery of possession. All necessary ingredients for constitution of a valid gift-deed must be fulfilled and in case of anyone of these basic ingredients, the gift-deed cannot be termed as a valid gift- deed. The delivery of possession may be actual or constructive, according to the circumstances of the case, but no transaction which does not containing of the above essential ingredient, can be treated as a gift-deed. Muhammad Faheem v. Zaheer Ahmed & others 2022 SCR 1242 (A) 2015 SCR 906 ref.
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