The Supreme Court has reiterated the three essential conditions required for a valid oral gift (hiba) under Mohammedan Law : (i) a clear declaration of the donor's intention to give, (ii) acceptance of the gift by the donee, and (iii) delivery of possession of the subject matter, either actually or constructively.

The Court clarified that no written instrument is necessary for a valid oral gift and that the mere act of reducing such a gift to writing does not alter its character or make registration mandatory. Referring to Section 129 of the Transfer of Property Act, 1882, the Bench underscored that gifts under Mohammedan Law are exempt from the general requirement of registration applicable to gifts of immovable property under Section 123.

The judgment emphasized that delivery of posses

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