Understanding the Concept of Gift (Hiba) in Property Law

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Explore the essentials of a gift (hiba) in property law, including the parties involved, transfer of ownership, conditions, and requirements for a valid gift. Learn about different aspects such as Sunni and Shia laws, delivery of possession, void gifts, and more. Gain insights into the legal implications of gifting property under Muslim law traditions.

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Gift (HIBA) -Meera B.Latha Assistant Professor

Transfer of property in which ownership transfer by a living person to another living person Without consideration Transfer of property after death of transferor is called will Gift is gracious transfer Under Muslim law, a person is allowed to lawfully to make gift of his property another during his lifetime or he may transfer it by way if will which will take effect after his death

Essential of gift (hiba) Parties to gift Donor : Major Free consent Owner of property Donee Who is receive Any person capable of holding property which includes jurisdict person, Ex. Institutions, company ,firm Sex, creed no bar Gift may be lunatic, unborn person Gift can be given to mosque Gift to fiduciary person: a person who made will of other ex. Family relationship

Under sunni law: for unborn person within the 6 moth of declaration of gift the child would takes birth Under shia law: the child should takes birth within the 10 months The corpus property: it should be seen Usufruct Actionable claim: it is a type of debt that can also be gift

Inter vios: both persons must be living at the time of gift At the time death bed gift : only one third property can gift Declaration of gift: bonafide, voluntary, the donor is free from any force Donee should accept Delivery of possession is necessary

When delivery of possession of gift not necessary Gift by father to his lunatic child When donor and donee residing same house One co sharer to another Party delivery Zamindari village Subject matter in occupation tenant Where donee is in possession