Gift under Muslim Law
Gift (Hiba) under Muslim Law
Definition of Gift (Hiba)
Under Muslim law, a gift is called Hiba. It is a voluntary and immediate transfer of ownership of property by one person to another without any exchange or consideration.
The person giving the gift is called the Mubai (donor).
The person receiving the gift is called the Mahib (donee).
Essentials of a Valid Gift (Hiba)
To be valid under Muslim law, a gift must satisfy the following conditions:
Existence of Property:
There must be a property capable of being gifted. It can be movable or immovable.
Capacity of the Donor:
The donor must be competent to make the gift, i.e., of sound mind and not a minor.
Capacity of the Donee:
The donee must be capable of acquiring the gift.
Acceptance (Qabool):
The gift must be accepted by the donee during the lifetime of the donor.
Delivery of Possession (Qabd):
There must be delivery of possession of the gifted property to the donee. If possession cannot be delivered, the gift is incomplete.
Intention to Gift:
The donor must have a clear intention to transfer ownership without consideration.
No Conditions:
The gift must be absolute and unconditional unless it is a gift coupled with interest or a gift with a condition allowed under Muslim law.
Types of Gifts
Gift Inter Vivos: Gift made during the lifetime of the donor.
Gift by Will: Gift made to take effect after the death of the donor.
Conditional Gift: Gift made subject to certain conditions.
Legal Effects of Gift
The donee becomes the absolute owner of the gifted property.
The donor cannot revoke the gift once accepted and possession delivered.
The gift is valid even without registration if immovable property is gifted, as per Muslim law (subject to procedural laws).
Important Case Laws
1. Abu Bakr v. Hakim, AIR 1917 Lah 98
Held that the acceptance by the donee is essential for a valid gift.
Without acceptance, the gift cannot take effect.
2. Peerbhai v. Wajihiyya, AIR 1932 Bom 341
Emphasized that delivery of possession is necessary for transfer of ownership.
Mere declaration without handing over possession is insufficient.
3. Bashir Ahmad v. Anis Ahmad, AIR 1975 All 251
Held that the donor’s intention to part with ownership must be clear.
A mere promise to gift does not constitute a gift unless intention is manifested.
4. Muhammad Ismail v. Shamshad Begum, AIR 1966 All 148
Gift of immovable property does not require registration under Muslim law for validity, but delivery of possession is mandatory.
Summary Table
| Essential Element | Explanation |
|---|---|
| Property | Movable or immovable property capable of gift. |
| Capacity of Donor | Donor must be sane and major. |
| Capacity of Donee | Donee must be competent to accept the gift. |
| Acceptance | Must be during donor’s lifetime and voluntary. |
| Possession (Qabd) | Actual or constructive delivery necessary. |
| Intention | Clear intention to transfer ownership without consideration. |
Conclusion
A gift (Hiba) under Muslim law is a voluntary, irrevocable transfer of ownership made without consideration, provided that acceptance and possession are completed. Courts have consistently emphasized these essentials, especially acceptance and delivery, for the gift to be valid and enforceable
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