Hiba or Gift

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Hiba or Gift

Unread postby Admin » Mon Dec 02, 2013 11:24 am

Hiba or Gift
A hiba or gift is transfer of property made immediately and without any exchange by one person to another and accepted by or on behalf of the latter. Hiba means transfer of right of property in substance by one person to another without consideration which is a condition to be fulfilled in order to make a gift valid. Deed of gift construction of- the principles applicable to the gift deeds in general is the ascertainment of donor’s intention. The help of language of grant and the surrounding circumstances must be adhered to in construing a gift deed.
Every Muhammendan of sound mind and not a minor may dispose of his property by gift. Conditions necessary for validity of disposition of property are majority, understanding, freedom and ownership proof the subject matter of this disposition. A donor with affected mental capacity physical infirmity and old age could not constitute a valid gift. The moment of donor declared his intention of making a gift in favour of his heirs there can be no further scrutiny. Where donors are illiterate peasant women closely related to donees strictest proof of factum of git is required.
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