Gift (Without Actual Delivery Of Possession)



1.Gift by father to his minor or lunatic son (or daughter)or by the guardian to his ward

In Abdul Sattar v Abu Bakkar,[1] it was held that parting of possession is not necessary when father makes a gift of a dwelling house to his son, donor and donee are residing therein.


In Mohammad Hesabuddin v Mohammad Hesaruddin, donee was maintaining and looking after the donor and other children were neglecting her. Gift was made from a mother to a son (love and affection) donee was in possession of the land and got his name mutated in the revenue record with respect o the land.


It was held that declaration, acceptance and delivery are valid necessary for a valid gift.


Observation of Supreme Court - The donee may lawfully make a gift of property in possession of a trespasser. Such gift is valid provided the donor obtain and give possession of the property to the donee or does all that he can to put it within the power of donee to obtain possession.


2. When both donor and donee reside in the same house which is to be gifted

When both donor and donee reside in the same house, in such case the gift may be completed by some overt act by the donor indicating a clear intention[2].


Donor and donee need not depart from the house e.g. a gift of the house by a mother to her daughter are valid, even though there is no recital in the delivery deed gift about the delivery of possession.


3. Gift by husband to wife and vice versa

In this case delivery of possession and the formalities regarding it are not necessary.


In Noohu Pathummal v Ummathu Amma,[3] it was held that in case of immovable property no physical departure or formal entry is required, where the property is held by husband and wife for their join residence or is let out for tenants.


In Fatima Bibi v Abdul Rehman Abdul Kareem[4], the oral gift of the entire property was made by the husband to wife. Later the deed was registered. Donee stepson was allowed to be in a separate room of the same house as the licensee. Stepson challenged the validity of gift on the grounds that he gift was not accepted.


Secondly, there was no delivery of possession of the house. It was held that oral gift in the presence of two-person amounts to the declaration, mentioning the name of the wife in registration deed is a valid acceptance and mutation in name of wife amounts to valid possession.


4. Gift by one co-sharer to another

This kind of gift is also valid without actual delivery of possession.


5. Part delivery

When part of the property is delivered, the delivery of possession of rest may be inferred.


6. Zamindari villages

Where the subject matter consists of zamindari village and parcel of land in case of which physical possession is impossible. The gift may be completed by mutation of names and transfer of rents and income.


7. Subject matter in the occupation of tenants

The gift of house or land in the occupation of the tenant may be completed by a request by a donor to the tenants, to attorn to the donee, or by delivery of the title deed or mutation in revenue register.


8. Incorporeal right

Gift of government promissory note may be effected my endorsement and delivery to the donee.


9. Donee is in possession

Donor’s mere declaration of having gifted it to the donee will suffice.


1 - A.I.R 1977

2 - Hayatuddin v. Abdul Gani and Others

3 - A.I.R - 1980

4 - A.I.R-2001


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