Transfer of Property Act, 1882–Secs. 129, 123–Registration Act, 1908–Secs. 17 & 49–Gift under Mohammadan Law–Neither registration nor written document is required for a valid gift–Three elements requisite for a valid gift:-
(a) declaration by doner for gift,
(b) acceptance by donee expressly or impliedly,
(c) delivery of possession and taking of possession
If these three requisites are written down on a paper then registration is essential–Hiba (gift) dated 5.2.1968 is true, valid, and binding–Properties were given to defendant No. 2 by gift, and defendant No. 2 was put in possession of Hiba (gift) properties on that day itself–Hiba became complete and plaintiffs were fully aware of this fact– Trial Court held that plaintiffs were not entitled to the share claimed–High Court reversed the order–Held, judgment and order of High Court set aside and judgment passed by Principal Subordinate Judge Vishakhapatnam is restored.
