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HIBA – MUSLIM GIFT – REGISTRATION ?

If The gift deed

is   a   form   of   declaration   by   the   donor   and   not   an

instrument of gift as contemplated under Section 17 of the Registration

Act. If all the three essential requisites are satisfied by the gift deed

,   the   gift   in   favour   of   donee  became

complete and irrevocable.

 According   to   the 

         Mohammedan   Law,   there   can   be   a   valid   gift,   if   three 

         essentials  of the gift are satisfied.  (1) a declaration of the 

         gift by the donor, (2) the acceptance of the gift express or 

         implied   by   or   on   behalf   of   the   donee   and   (3)   delivery   of 

         possession of the subject of gift by the donor to the donee. 

         If  these   conditions  are  complied  with  the   gift  is  complete. 

         According   to   Muslim   law   it   is   not   necessary   that   there 

         should be a deed of gift in order to make it a valid gift, but 

         of course, if there is a deed it should be registered. But if 

         the   deed   is   merely   a   memoranda   of   an   already   effected 

         gift,   then   it   stands   on   a   separate   footing. FOR FULL JUDGMENT VISIT https://sites.google.com/site/supremecourtcaselaws/home/property-laws/hiba-giftawritinginaformofdeclarationandnotintheformofgiftdeedisnotcompulsoryregistrable
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2 thoughts on “HIBA – MUSLIM GIFT – REGISTRATION ?

  1. how can one make a legally strong hiba when the donor is an old and weak(unable to move) lady wishing to gift property to her son and dauhters?

    Posted by waseem | May 21, 2011, 9:32 PM
    • AS PER THE SUPREME COURT JUDGEMENT, FOR MERE DECLARATION OF HIBA, NO REGISTRATION OR STAMP DUTY IS NEED EVEN THOUGH IT IS IN WRITING.. IF THE HIBA IS IN WRITING LIKE A DEED OF CONVEYANCE IT SHOULD BE DULY STAMPED AND REGISTRATION IS COMPULSORY. IN YOUR CASE, THE WOMEN IS OLD AND NOT ABLE TO MOVE AND IN SUCH AN EVENT FOR AVOIDING FUTURE COMPLICATIONS , YOU CAN ASK REGISTRAR TO COME TO YOUR HOUSE. OR SHE CAN MADE A DECLARATION OF HER INTENT ION OF HIBA AS PER SUPREME COURT JUDGEMENT. PLEASE GO THROUGH THE APEX COURT JUDGEMENT.THIS IS NOT THE FINAL OPINION. CONSULT ANY LOCAL ADVOCATES ALSO SECOND OPINION BASING ON LINE OF MY VIEW. THANKING YOU WITH REGRADS.

      Posted by advocatemmmohan | May 31, 2011, 6:59 AM

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