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Report Genrated Date 01 Mar, 2018
Plagiarism Status 90% Unique
Total Words 966
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ABSTRACT:
Gi t could be a trans er o property wherever interest is trans erred rom one living
person to a di ferent, with none thought. it's a gratuitous and entomb vivos in nature. This

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can be the inal de inition that's accepted by all the religions, together with Muslim law. As
per the Muslim Law, a present is named as Hiba. Under Hindu Law, gi t is considered the
renunciation o the ownership by the owner within the avor o recipient. in keeping with

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Jimutvahana, underneath Hindu law’s idea o gi t, possession isn't created by acceptance
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however by renunciation o the donor. However but Mitakshara college o hindu law
considers acceptance as a very important ingredient or gi t. The donor will divest his
interest by renunciation however cannot impose an equivalent on the recipient i he's not
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able to accept. This paper deals about the essential and kinds o Hiba. The Hana i lawyers
outline hiba as ‘an act o bounty by that a right o property is presented in one thing
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speci ic while not Associate in Nursing exchange’. The Shias hold that ‘a hiba is Associate
in Nursing obligation by that property in an exceedingly speci ic object is trans erred
straightaway and categorically with none exchange and ree rom any pious or spiritual
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purpose on the a part o the donor’. Muslim law permits a Muslim to administer away his
entire property by a present put down vivos, even with the precise object o disinheriting
his heirs. This paper deals in detail about the gi ts and essentials under muslim law.
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Keywords :hiba, muslim law,mitakshara,gi ts,essential elements.

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INTRODUCTION
Under English laws, right in property is classed by a division on the premise o immobile
and trans errable (real and personal) property. Rights in land delineate as “estate”
underneath English Law don't orever imply solely absolute possession however it
conjointly includes rights that let down o it and are restricted to the li etime o the
recipient or in respect o your time and length or use o the same.
Under Muslim Law, the idea o Gi t developed a lot o throughout the amount o 610 AD to
650 AD. Over the corpus o property the law recognises solely absolute dominion,
hereditary and unrestricted in purpose o your time. restricted interests in respect o
property aren't identical with the incidents o estates underneath nation law. underneath
the Mohammedan law they're solely usu ructuary interest (and not rights o possession o
any kind).
Under Muslim Law, the aith o the person to whom gi t is created isn't relevant. In India,
there's a separate statute that governs the matters associated with trans er o property.
The Trans er o Property Act, 1882 underneath Chapter VII talks regarding gi ts and
there ore the procedure or creating an equivalent. nonetheless as per section 129 o the
Act, the Trans er o Property Act, 1882 doesn't apply to the Muslims creating gi t.

AIM OF THE STUDY

 To study about the essentials o Hiba.
 To know about the kinds o Hiba.

RESEARCH METHODOLOGY
The present research is descriptive, conclusive. The study was concluded on secondary

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source o data books, articles, journals, e-sources and the relevant cases

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CONCEPT OF HIBA UNDER MUSLIM LAW
The conception o the term ‘gi t’ as utilized in the Trans er o Property Act, 1882 is

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somewhat totally di ferent rom the observe underneath the Muslim Law. underneath the
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Muslim Law a present could be a trans er o property or right by one person to a di ferent
in accordance with the provisions provided underneath Muslim law. Hiba (Tamlik al ain) , is
a right away and unconditional trans er o the possession o some property or o some
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right, with none thought or with some come (ewaz); and there ore the term ‘hiba’ and ‘gi t’
area unit usually indiscriminately used however the term hiba is just one in every o the
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orms o transactions that area unit coated by the inal term ‘gi t’. the opposite sorts o
gi ts embrace Ariya (Tamlik al mana e), wherever solely legal right is trans erred and
Sadqah wherever the gi t is created by the muslim with the thing o e fort spiritual merit.
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A person could law ully build a present o his property to a di ferent throughout his
li etime; or he could provides it away to somebody once his death by can. the primary is
named a disposition put down vivos; the second, a o ficial document disposition.
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Muhammadan law permits each orms o trans ers; however whereas a disposition put
down vivos is unshackled on quantum, a o ficial document disposition is restricted to
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simple raction o in ormation superhighway estate. Muhammadan law permits a person

to administer away the ull o his property throughout his period, however solely simple
raction o it are o ten bequeathed by can.
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ESSENTIALS OF HIBA
Since muslim law views the law o Gi t as an area o law o contract, there should be a
proposal (izab), Associate in Nursing acceptance (qabul), and trans er (qabza). In Smt
Hussenabi v Husensab Hasan, a grandpa created a proposal o gi t to his grandchildren. He
conjointly accepted the provide on behal o minor grandchildren. However, no speci ic o
tacit acceptance was created by a signi icant grandchild. state HC command that since the
3 parts o the gi t weren't gi t within the case o the most important progeny, the gi t
wasn't valid. it had been valid with re erence to the minor grandchildren.
Thus, the subsequent are the necessities o a legitimate gi t
A declaration by the donor: There should be a transparent and unambiguous intention o
the donor to orm a present. Declaration could be a statement that signi ies the intention
o trans erer that he intends to orm a present. A declaration are o ten oral or written. The
donor could declare the gi t o any quite property either orally or by written suggests that.
beneath Muslim law, writing and registrations don't seem to be necessary.

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