Gift-deed

  1. Contention that the gift-deed was not complete as the possession was not delivered to the donee, is without any substance — Taking possession of subject matter of gift by donee either actually or constructively completes the gift — Suit land was mortgaged as such, constructive possession was sufficient for satisfaction of necessary conditions required for a valid gift — Donor and donee were owners in the same khewat — Mortgagee had no legal right to challenge the gift-deed. Muhammad Afzal v. Ali Akbar and 8 others 2001 SCR 511(D)
  2. No person is validity competent to raise the question of non-dilvery of possession of completion of gift-deed. Muhammad Shafi & another v. Sardar Ali and 3 others 2002 SCR 435(C)
  3. The gift deed is not on the record — Sufficient time was provided to the learned counsel for the parties to prove that latest gift-deed, which is under challenge, was ever brought on record by the plaintiff but he conceded that this gift-deed is not available on record — The suit without relevant document whose cancellation is sought is not maintainable. Sultan Habib and 10 others v.  Walayat Begum and 10 others 2003 SCR 92(A)
  4. The donar trnaferred the land in favour of donee through a gift-deed which is a recognized mode under law for transfer of ownership — The presumption of law is that the donor justified in executing the gift deed. Sultan Habib and others v. Walayat Begum and others 2003 SCR 92(B)
  5. Shamlat deh — Question whether the suit land on behalf of appellants for cancellation of gift-deed would be decreed to the extent of land transferred in excess of share by the donor or to the extent of share in ‘shamlat’ of the appellant — Plaintiff when all the owners in ‘shamlat deh’ were not impleaded as party — Law is settled that an owner is not entitled to transfer or alienate any land in excess of his share and in case such transfer or alienation is effected that is without jurisdiction whether the transaction is challenged by one of the owners or all as such it is not necessary that all the owners should be impleaded as party in the proceedings and in their absence the requisite relief cannot be granted — The correct legal position is that any owner can challenge it if the transaction is illegal. Shabbir Ahmad & 11 others v. Fazal Dad & 3 others 2004 SCR 126(A)
  6. It is for civil Court to decide the competence of the donor or vendors — But as long as deeds stand in the field, the transferee thereof cannot be debarred of the benefits of the land. Sardar Nazir Ahmed Khan v. Chairman Azad Kashmir Transport Authority & 5 others 2007 SCR 392(D)
  7. Essential ingredients — for a valid gift deed (hiba); three ingredients are essential, i.e. (I) offer by a donor,  (ii) acceptance by the donee; and (iii) delivery of possession. Zeed Begum v. Farasat Ali Khan 2016 SCR 1627 (A) PLD 1964 Dacca 451, 2015 SCR 906 & 2004 YLR 690 rel.
  8. Cancellation of gift deed — The claim of the plaintiff was that the possession of the property was not delivered by him to the donee, therefore, gift was not complete as one of the basic ingredients of the gift-deed was missing — From the contents of the gift-deed, it appears that the donor had already delivered the possession to the donee prior to the execution/completion of the gift-deed — the donee was living in the house of donor at the time of execution of the gift-deed. Held: in such situation, the question of delivery of possession does not arise and in such like cases the delivery of possession of the property gifted was not essential ingredient for validating the gift under law. Zeed Begum v. Farasat Ali Khan 2016 SCR 1627 (B) AIR 1958 Rajasthan 199 rel.
  9. Cancellation of gift deed — on the ground that the behaviour of the donee is not proper — Held: merely on the ground that the behaviour of the donee is not proper, a valid gift-deed cannot be reversed/cancelled. Zeed Begum v. Farasat Ali Khan 2016 SCR 1627 (C)
  10. Gift-deed — essential ingredients — for execution of valid gift-deed (hiba), three ingredients are essential, i.e. offer by a donor, (ii) acceptance by the donee; and (iii) delivery of possession — no transaction which does not contain the above essential elements can be treated as a valid gift-deed — held: all the necessary ingredients for constitution of a valid gift-deed must be fulfilled — in case of missing of anyone of the necessary ingredients, the gift-deed cannot be treated as a valid one. Qurban Hussain v. Moti Begum & 7 others 2016 SCR 1704 (A) Zeed Begum alias Jeed Begum vs. Farasat Ali Khan (Civil Appeal No. 43 of 2015, decided on 23.6.2016 rel. 
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