If the gift is divisible, it should be divided. The thing that is gifted should be in existence when the gift is made. The donor must be the owner of the property which he is gifting. Sk Abdul Zabar, that the donor must be a sane individual and must be a major that means who is not under the age of eighteen years. Abu Bakr, it was held that “ any gift made under any sort of force or undue influence or by fraud cannot be termed as a declaration and the gift made was not valid.” Also, as discussed in Abdul Rahim v. In the case of Sultan Miya vs Ajibakhatoon Bibi, it was held that “ the intention must not be ruined with a mala-fide intent to defraud rather it must be real and bonafide.” There shall be a bonafide intention of the donor to make a gift. Syed Ismail, it was held that “ the gift deed which is called Hibanama does not have to be on stamp paper, nor does it have to be attested or registered.” In the case of Ilahi Samsuddin v Jaitunbi Maqbul, the court held that “ under Muslim Law, the declaration and acceptance of gifts are often oral, regardless of the nature of the gift.” In the case of Mahboob Saheb v.
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A declaration must be clear and free from ambiguity. Sayed Abdul Jalil, it was held that “ the declaration is one of the major formalities that have to be fulfilled for a gift to be termed as valid”. “Delivery of possession by the donor and taking of possession by the done (Qabza)”Ī declaration by the donor with the intention to transfer the subject matter of the gift to the donee in present is an essential formality of gift.“Acceptance of the gift (Qubool) by the done”.“A declaration of gift (Ijab) by the donor”.There are three conditions that need to be fulfilled for a “Hiba” to be valid. ” Īccording to “ Mulla” – “A Hiba is a transfer of property, made immediately and without any exchange by one person to another and accepted by or on behalf of the latter.” ESSENTIALS OF A VALID GIFT UNDER MUSLIM LAW “ Ameer Ali” cites from “Durrul Mukhtar” – “A Hiba is a voluntary gift without consideration of property by one person to another so as to constitute the donee the proprietor of the subject-matter of the gift.”Īccording to “ Hedaya” – “Hiba is an unconditional transfer of ownership in an existing property, made immediately without any consideration. Thus, gift is a general term while Hiba is a restricted and well-defined legal term.Īccording to “ Asaf Fyzee” – “Hiba is the immediate and unqualified transfer of the corpus of the property without any return.” And unlike the gift defined in the Transfer of Property Act, Hiba is usually transferred “inter vivos” i.e. However, in Islamic law gifts are known as “Hiba”. A Muslim may validly transfer his property either whole or part to another person by way of gift in his lifetime. Islam encourages the making of mutual gifts with the intention of transferring wealth from one person to another leading to cordiality and affection. According to this section – “ Gift is the transfer of certain existing moveable or immoveable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee.” Section 122 of the Transfer of Property Act, 1872 defines gift.
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