A gift of a house was made by donor 'X' to donee 'Y' without delivering the title deeds; no mutation of name was effected and the donor continued to pay the house-tax. Comment whether gift is valid.

Question: A gift of a house was made by donor 'X' to donee 'Y' without delivering the title deeds; no mutation of name was effected and the donor continued to pay the house-tax. Comment whether gift is valid. [DJS 1991]

Find the question and answer of Muslim Law only on Legal Bites. [A gift of a house was made by donor 'X' to donee 'Y' without delivering the title deeds; no mutation of name was effected and the donor continued to pay the house-tax. Comment whether gift is valid.]

Answer

For the validity of a gift or Hiba under Muslim Law it is essential that:

(a) Donor must make a declaration of gift

(b) Donee must expressly or impliedly accept the gift made by the donor.

(c) Donor must make delivery of possession property gifted to the donee.

So donor should divest himself completely of all ownership and dominion over the subject of the gift. For completing the gift of the immovable property two things are essential:

(a) that donor must physically depart from immovable property

(b) donee formally and actually enters into the possession of the such property.

In the present case in hand, there is nothing to show that possession of the house was delivered by the donor to the donee. Nor the title deed was delivered to donee. The mutation has also not been effected in favour of the donee in revenue and municipal record and the donor is still paying house tax thus in records, the house still stands in the name of the donor. There is no actual and formal delivery of possession from the donor to the donee therefore gift is incomplete and hence not valid.

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