The donor’s intention must not be dishonest, as where a gift is made with intent to defraud creditors.
A gift can be made of an actionable claim, as also of incorpareal property, such as an equity of redemption.
2. Declaration and Acceptance:
There must be a declaration of the gift by the donor and an acceptance of the gift, express or implied, by or on behalf of the donee.
3. Delivery of Possession:
It is essential to the validity of a gift that it should be accompanied by delivery of possession, depending, of course, on the nature of the property gifted. The taking of possession of the subject-matter of the gift by the donee, either actually or constructively, is necessary to complete a gift.
Registration of the deed of a gift does not cure the want of delivery of possession. Neither writing nor registration is necessary to validate a gift either of movable or immovable property.
Thus, A by a registered deed, makes a gift of his house to B, who sells it to C. Can Ñ claim possession from A, who all along continued in actual possession of the house? No. Although the gift to Â is by a registered deed, possession is not delivered to B. The gift is incomplete, and therefore, void. The sale by Â to C, is, therefore, ineffective and, Ñ cannot claim possession from A. (Mogulsha v. Mohammad Saheb, (1887) I.L.R. 11 Bom. 517)