What are the essential of a valid Hiba?
A valid and complete gift by the donor to donee. It means the three essentials condition for a valid Hiba is essentials namely, the declaration, acceptance and delivery of possession. Every Hiba-bil-Iwaz is pure gift in its inception.
What is gift in Islamic personal law?
A gift or 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 other. Even Muslim of sound mind and not a minor may dispose of his property by gift. A gift to a person not yet in existence is void.
Is there any difference between gift and Hiba?
“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. A hiba is a transfer without consideration.
Who can challenge Hiba?
A stranger cannot challenge the validity of a gift on the ground that the gift is bad as no delivery of possession has been made. A gift on this ground can be challenged only when the issue is raised between the donor or those claiming under him on one side and the done and those claiming under him on the other.
How do you prove Hiba?
Fakhr Jahan Begam and Ors., (1922) 49 Indian Appeals 195 declared the following requirements for a valid hiba or gift under Muslim law – 1) expression on the part of the donor of desire to give; 2) acceptance of the donee, either implied or expressly; and 3) the taking of possession (either actual/physical or …
What is Hiba and its types?
Kinds of Gifts Under Islamic law, Hiba means gift and iwaz means consideration. Hiba-il-iwaz thus means, the gift for the consideration already given. If the gift made is not according to the rule of Muslim law then it is no gift. Secondly, there must be a payment consideration made by the donee.
How Waqf is created?
CREATION OF WAKF By an act of a living person (inter vivos) – when a person declares the dedication of his property for Wakf. This can also be done while the person is on death bed (marj-ul-maut), in which case, he cannot dedicate more than 1/3 of his property for Wakf.
How many types of Hiba are there?
A hiba-bil-iwaz literally means a gift for an exchange. It is of two kinds, namely (i) the hibS-bil-IWa2 followed in India, and (ii) the true hiba-bil-iwaz, as defined by older jurists.
What is hibba?
Meaning of Hiba Gift is transfer of property in which ownership is transferred by one living person to another living person without consideration of existing property. Gift made by Muslim is called Hiba.
Can a person gift his entire property?
A man can give away his whole property during his lifetime. Only one-third of the net estate can be bequeathed. A gift inter vivos can be made in favour of any person without any restriction (except during marz-ul-maut). For bequeathing more than one-third of the property to any person, consent of heirs is mandatory.
When can a gift be revoked?
Thus, under Section 126, a gift can be revoked on any grounds on which its contract may be rescinded. For example, Section 19 of the Indian Contract Act makes a contract voidable at the option of the party whose consent has been obtained forcefully, by coercion, undue influence, misrepresentation, or fraud.
Who can make a gift?
Legally speaking person who owns the property can make a gift to any other person. An exception to this rule is the case in which either of donor or donee is a minor. Minors are not eligible to contract; therefore they cannot transfer property as a gift. A gift deed in case of donor being a minor is legally not valid.
Is gift deed can be Cancelled?
Cancellation of Gift Deed- Gift can be Cancelled when Gift is Incomplete and Title Remains with the Donor- Supreme Court. The Apex Court in the case has categorically held that when a gift is incomplete and title remains with the donor the deed of gift might be cancelled.
Who can challenge a gift deed?
The gift deed can be questioned by filing a suit for declaration in the court of law. However, it will be challenged only if the person is able to establish that the execution of the deed was not as per the wish of the donor and was executed under fraud, coercion,misrepresentation etc.
Which is better a will or a gift deed?
Transfer through a gift deed is better when the need to transfer is on an immediate basis, whereas if an individual wants the property to move on to his /her successors only after his/her death, then writing a will may be the best way out.
Is it better to gift or inherit property?
It’s generally better to receive real estate as an inheritance rather than as an outright gift because of capital gains implications. The deceased probably paid much less for the property than its fair market value in the year of death if they owned the real estate for any length of time.
Which property can be gifted?
An immovable property can be gifted, by executing a gift deed. You need to pay stamp duty on the market value of the property, as on the date of execution of the gift deed.
Is it necessary to register a gift deed?
A Gift Deed is valid only if it is given out of love and affection, without any consideration in return by one family member/ friend to another. Also, under Section 17 of the Registration Act, 1908, it is mandatory to have a registered Gift Deed when you want to transfer immovable property.
How do you prove a gift deed?
Documents required for gift deed registration:
- Aadhaar card, pan card, and other identity proofs like passport, driving license, etc.
- The documents like sale deed to prove the donor right over the property.
- Original gift deed.
- Depending on the state you stay in, the property value certificate should be submitted.
How does gift deed work?
Gift Deed is a document that transfers property to another owner as a gift. A Gift Deed is valid only when it is without any consideration in return by one family member/ friend to another. It is mandatory to register Gift Deed, according to Section 17 of the Registration Act, 1908.