If The gift deed
is a form of declaration by the donor and not an
instrument of gift as contemplated under Section 17 of the Registration
Act. If all the three essential requisites are satisfied by the gift deed
, the gift in favour of donee became
complete and irrevocable.
According to the Mohammedan Law, there can be a valid gift, if three essentials of the gift are satisfied. (1) a declaration of the gift by the donor, (2) the acceptance of the gift express or implied by or on behalf of the donee and (3) delivery of possession of the subject of gift by the donor to the donee. If these conditions are complied with the gift is complete. According to Muslim law it is not necessary that there should be a deed of gift in order to make it a valid gift, but of course, if there is a deed it should be registered. But if the deed is merely a memoranda of an already effected gift, then it stands on a separate footing. FOR FULL JUDGMENT VISIT https://sites.google.com/site/supremecourtcaselaws/home/property-laws/hiba-giftawritinginaformofdeclarationandnotintheformofgiftdeedisnotcompulsoryregistrable