India, Oct. 8 -- The Supreme Court (SC) on Tuesday said a gift (hiba) under Mohammedan Law does not require a written document to be valid.
The court said there are three essential conditions for an oral gift - a clear manifestation of the wish to give on the part of the donor, an acceptance of the gift by the donee and the taking of possession of the subject-matter of the gift by the done, either actually or constructively.
A bench of Justices Ahsanuddin Amanullah and SVN Bhatti said an oral gift that fulfils the three essential requisites is complete and irrevocable. "A gift under Mohammedan Law does not require a written document to be valid. The mere fact that a gift is reduced to writing does not change its nature or character. A wri...