Essential pre-requisites

Donor should be compos mentis, meaning thereby a person who is of sound mind and has the mental capacity to understand the legal implications of his act of making gift and he must be major and the owner of the property which is intended to be gifted; the thing gifted should be in existence at the time of hiba; the thing gifted should be such that its benefit should be lawful under the Shariat; the donor must be free from any coercion/duress or undue influence while making a gift; the thing gifted should come in the possession of the donee himself or through his representative/guardian for an effective hiba.

For a valid gift it is obligatory that the donor divests and dissociates himself downrightly from the dominion and ownership over the property of gift and puts into words his categorical intention to convey the ownership to the donee distinctly and unambiguously with delivery of possession of the property and ensure that donee has secured physical ascendency over the property in order to constitute the delivery of possession.

Principle of bona fide purchaser as enunciated by S. 41 of the Transfer of Property Act, 1882 was founded upon the principles of equity

Essential ingredients of the said principle were that the transferor was the ostensible owner; that the transfer was made by express or implied consent of the real owner; that the transfer was made for consideration; and that the transferee while acting in good faith had taken reasonable care before entering into such transaction

Said four essential ingredients must co-exist in order for a person to take the benefit of the equitable principle of bona fide purchaser.