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    Gift or Hiba

    Uploaded by

    Mutasim Billah Kandaker
    This document discusses the concept of gifts, or hiba, under Muslim law. It outlines the essential elements of a valid gift as the donor's offer or declaration of the gift, acceptance by the donee, and delivery of possession. It notes that while writing is not strictly required, registration is necessary for immovable property gifts under local laws. Conditional gifts are generally valid but any conditions restricting the donee's use of the gifted property are void. Certain gifts, like those for an unborn child, are considered invalid. Gifts given during terminal illness are treated as wills or wasiyat.

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    Gift or Hiba

    Uploaded by

    Mutasim Billah Kandaker
    103 views14 pages
    This document discusses the concept of gifts, or hiba, under Muslim law. It outlines the essential elements of a valid gift as the donor's offer or declaration of the gift, acceptance by the donee, and delivery of possession. It notes that while writing is not strictly required, registration is necessary for immovable property gifts under local laws. Conditional gifts are generally valid but any conditions restricting the donee's use of the gifted property are void. Certain gifts, like those for an unborn child, are considered invalid. Gifts given during terminal illness are treated as wills or wasiyat.

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    This document discusses the concept of gifts, or hiba, under Muslim law. It outlines the essential elements of a valid gift as the donor's offer or declaration of the gift, acceptance by the donee, and delivery of possession. It notes that while writing is not strictly required, registration is necessary for immovable property gifts under local laws. Conditional gifts are generally valid but any conditions restricting the donee's use of the gifted property are void. Certain gifts, like those for an unborn child, are considered invalid. Gifts given during terminal illness are treated as wills or wasiyat.

    Copyright:

    © All Rights Reserved
    Download as PPT, PDF, TXT or read online from Scribd
    Download as ppt, pdf, or txt
    103 views14 pages

    Gift or Hiba

    Uploaded by

    Mutasim Billah Kandaker
    This document discusses the concept of gifts, or hiba, under Muslim law. It outlines the essential elements of a valid gift as the donor's offer or declaration of the gift, acceptance by the donee, and delivery of possession. It notes that while writing is not strictly required, registration is necessary for immovable property gifts under local laws. Conditional gifts are generally valid but any conditions restricting the donee's use of the gifted property are void. Certain gifts, like those for an unborn child, are considered invalid. Gifts given during terminal illness are treated as wills or wasiyat.

    Copyright:

    © All Rights Reserved
    Download as PPT, PDF, TXT or read online from Scribd
    Download as ppt, pdf, or txt
    of 14

    GIFT OR HIBA

    1
    Key Points of Presentation

     Concept of Gift or Hiba


     Essentials of a valid gift
     Conditional Gift
     Void Gifts
     Gift during Marz-ul-Maut

    2

    Concept of Gift
    Gift, a generic term that includes all transfers
    of property without consideration.
     In Bangladesh, Gift is considered equivalent
    to Hiba but technically, Gift has a much
    wider scope than Hiba.
     The word Hiba literally means, the donation
    of a thing from which the donee may derive a
    benefit. It must be immediate and complete.
     The most essential element of Hiba is the
    declaration, “I have given”.
    3

    Concept (Contd.)
    Hedaya:
    “unconditional transfer of property, made
    immediately and without any exchange or
    consideration, by one person to another and
    accepted by or on behalf of the latter”.

     Every Muslim of sound mind and not a


    minor may dispose of his property by gift.

    4
    Concept (Contd.)
     Love, affection, spiritual benefit and many
    other factors may enter in the intention of the
    donor to make a gift.
     Gift must be made during the lifetime of
    the donor and while he is still capable of
    giving. If the donee dies before acceptance,
    the gift is void.

    5
     Three essential requisites of a valid
    Essentials of a Valid Gift
    gift:
    I. Offer or Declaration of gift by the
    donor;
    II. Acceptance of the gift by the donee;
    and
    III. Delivery of possession to the donee.

    6
    Condition of Writing and Registration
     written document of gift not necessary under
    Muslim law.
     Transfer of Property Act, 1882 (amended in
    2004) requires gift of immovable property to be
    in written instrument and to be registered and
    also attestation by at least two witnesses.
     Registration Act, 1908 requires instrument of
    heba of immovable property to be registered.

    7
    Conditional Gift
     Generally a gift with a condition
    restricting or prescribing some
    definite use of property, like the donee
    cannot sell it, the gift is valid, but
    condition is void.
     However, a gift with reservation for
    life is generally valid.

    8
    Hiba Bil Iwaz
     Hiba means Gift and Iwaz means
    consideration. Hiba bil Iwaz means gift
    for consideration already received.
     Gift in exchange of an earlier gift.
     Mutual or reciprocal gifts between two
    persons-one gift from donor to donee and
    one from donee to donor.
     The gift and return gift are independent
    transactions.
    9
    Hiba bil Iwaz (Contd.)
     It is a gift for consideration and in reality a
    sale.
     Free consent and payment of consideration
    needed, but delivery of possession not.

    10
    Hiba ba Shart ul Iwaz
     Shart means stipulation and means a gift made
    with a stipulation for return.
     Gift made with the condition that the donee will
    make another gift to the donor of the first gift.
     Delivery of possession is necessary.
     It is revocable until the consideration is paid
    and it becomes irrevocable after the payment of
    consideration.
     It becomes analogous to sale when transaction
    completed .
    11
    Void Gifts
     Some gifts are considered to be void
    like,
    i. Gift in favour of unborn child
    ii. Gift of Mushaa
    iii. Gift in Future
    iv. Contingent or conditional gift

    12
    Gift during Marz-ul-maut
     Marz-ul-maut means death sickness. A
    sickness in which there is reasonable
    apprehension of death of a person.
     If the donor makes the gift during
    death sickness, the gift treated as a
    ‘Will’ or Wasiyyat.
     There will be no ‘will’ in favour of any
    heir and no ‘will’ for more than one-
    third of the total property.
    13
    14

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