HIBA OSWAN FREE

The gift under the Muslim law made with the mentioned requisites need not require a compulsory registration. It was held that, “Though, the rules of Mohammadan Law do not make writing essential to the validity of a gift an oral gift fulfilling all the three essentials make the gift complete and irrevocable”.

The oral gift itself is constitutional and valid, according to the Supreme Court’s judgement in the case of Hafeeza Bibi & Ors vs Shaikh Farid (Dead) by Lrs. Such a gift is valid, provided the donor either obtains and gives possession of the property to the donee or does all that he can to put it within the power of the donee to obtain possession.Ĭertain exceptions to the delivery of possession include, joint residency, gift between spouses, gift made by a guardian to his ward and in case when the property is in the occupancy of tenants in that case the delivery of title deed is sufficient. The donor may also lawfully make a gift of a property in the possession of a trespasser.

For a valid gift, there should be a delivery of the property. If the gift property is in possession of the mortgagee or a lessee or a trespasser then it is not established by mere declaration of the donor and acceptance by the donee. The property may be movable or immovable property.įor the fulfilment of HIBA there should be declaration from the donor, acceptance from the donee and at last delivering the possession of the property i.e., the HIBA property. The donee may be a minor or unsound person but the delivery shall be made to the guardian of the concerned person. The person who receives the gift i.e., the donee may not be a Muslim, once after the transaction the property does not belong to the Muslim personal law.

HIBA OSWAN FREE

He/she should be of sound mind and have free consent over the transaction. The person who makes HIBA (Muslim gift) must be a Muslim and has a ownership over the property.

Hiba oswan