AYAN (WEB DEVOLOPER) 24 August 2012
in oral gift in muslim law there are three steps i) Declaration; ii) Acceptance; iii) Delivery of Possession
what is the declaration?
how this declaration is made?
is the declaration has to be in paper?
if one makes declaration by sms or email is it valid?
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 24 August 2012
Your thread says declaration in oral gift ??? if the declaration is by sms/email - how is the gift oral then.....A declaration is made by saying that the person is the owner of the property and he desires to vest the ownership rights completely in somebody else. The other person accepts the same - and by delivery of possession the gift is complete. Islamic Law is based on Holy Quran, Hadith, Ijma & Qiyas. None of which could foresee the techonological developments, but in my view it can be done by sms/email.
Rahul (trainee) 27 August 2012
the person is hindu and muslim law is not relevant.
Adv. Meenakshi S (Advocate-Sra and Mhada matters) 27 August 2012
Yes its true the mohmadden law is not affected by the S.123 of Transfer of Property Act...
Unlike Hindus, where a WRITTEN registered deed in compulsory to confer title.
In Mohmadden, THE DELIVERY is considered as an element validating the gift.
With regards to declaration (ORAL) either declaration in presence of witness or a
public declaration is done.
However, registraion is immaterial.
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