What is a Hibanama?
The hiba is an irrevocable deed. It is a gift deed. – In Muslim Law, Gifts are called Hiba , and a Gift Deed is called Habanama. – As per personal law , a valid Hibanama (agreement) is necessary and for valid hibanama should be registered. – But a gift cannot be revoked after the death of donee.
What are the essential conditions for a valid gift?
Essential Requisites of Gift:
- There should be a donor and a donee;
- There must be a transfer of ownership of a property from the donor to the donee;
- The property should be certain (capable of identification) and existing property.
- The transfer should be voluntary;
- It shall be without consideration;
Which conditions must be satisfied for a gift to be valid under Mohammedan law?
149, PRINCIPLES OF MOHAMMEDAN LAW, Mulla, 18th Edition, 2nd Reprint, Page 157 : THREE ESSENTIALS OF A GIFT: It is essential to the validity of a gift that there should be (1) a declaration of gift by the donor; (2) an acceptance of the gift, express or implied, by or on behalf of the donee; and (3) delivery of …
What is doctrine of Mushaa?
Doctrine of Mushaa Under Islamic law, Mushaa denotes an undivided share in joint property. It is, therefore, a co-owned or joint property. If one of the several owners of such property makes a gift of his own share, there may arise confusion in regard to what part of the property is to be given to the donee.
Is Hibanama valid in India?
The BJP government in Maharashtra has stated that a gift of an immovable property, whether oral or written, under the Muslim law will be considered as a valid one, even if the deed in this regard has not been registered. While the gifting instrument is called ‘Hibanama’.
Who is the legal owner of a gift?
The donee becomes legal owner of the property in most states from the time the gift is made. The person must, however, later return the gift if the donor does not actually die. If the donor changes his or her mind and revokes the gift, or recovers from the particular illness or physical injury, the gift is invalid.
What is a gift in legal terms?
A gift, in the law of property, is the voluntary and immediate transfer of property from one person (the donor or grantor) to another (the donee or grantee) without consideration.
What is a gift legally?
What is the meaning of Donatio mortis causa?
Related Content. A gift made by a person (the donor) in contemplation of impending death, also known as a deathbed gift. When the donor dies, the subject-matter of the gift does not pass to the personal representative but to the person the deceased intended to benefit (the donee).
What is Fasid marriage?
The marriage of a Muslim Man with a Hindu Woman is neither a valid (sahih) nor a void (batil) marriage, but is merely an irregular (fasid) marriage. Any child born out of such wedlock is entitled to claim a share in his father’s property.”
Is unregistered gift deed valid?
The aforesaid judgment of the Supreme Court has held that an unregistered gift deed pertaining to immovable property is a valid gift in the case of Mohammedans if it fulfills the three conditions of there being a declaration by the donor, acceptance by or on behalf of the donee and delivery of the subject of the gift …
Is oral gift valid in India?
An oral gift fulfilling all the three essentials makes the gift complete and irrevocable. The apex court observed: “In our opinion, merely because the gift is reduced to writing by a Mohammadan instead of it having been made orally, such writing does not become a formal document or instrument of gift.