Gift By ... Hindu /Mohammedan

Gift  ................by Hindu/ Mohammedan ................. immovable , movable property .............Requirement .....

                                       

- Gift means transfer of existing own  property made voluntarily and without consideration by one person (Donor) to another (Donee) and accepted by or on behalf of donee but not otherwise .

- A hindu governed by Mitakshara or Dayabhaga may dispose his separate or self acquired property by gift  subject to claim of maintenance .

- A Mitakshara coparcener shall not dispose of his coparcenary interest by way of  Gift without consent of other coparcener .

- But Dayabhaga coparcener may dispose his coparcenary interest by way of Gift without consent of other coparcener.

- Basically delivery of possession from donor to donee is most important ingredient for Valid Gift .

- A gift of immovable property be affected by registered instrument which shall be signed by or on behalf of the donor  and attested by at least 2 witnesses .

- A gift of movable property may be made orally .

- A gift once completed can not be revoked unless it was obtained by fraud or undue influence .

- A gift  made in contemplation of death is recognized by the Hindu Law .

--------------  Relevant Provision  ----------------------

.... provisions of Gift under un codified Hindu Law 

.... chapter Gift under The Transfer Of Property Act , 1882.

............. Relevant Judgement .................................

- Govndbhai Chhotabhai Patel and others v/s Patel Ramanbhai Mathurbhai 2020( 2) Mh.L.J.258.

-  Parvatibai @ Laxmibai Annaji Patil  v/s Baburao Ganu Kanade 2015(1) Mh.L.J. 628 = 2014(6) ALL.M.R.845.

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.. Gift (Hiba) under Mohammedan Law basic requirements....           

- Hiba literally means the donation of thing from which donee may derive benefit , unconditional transfer  of property made immediately and without any exchange or consideration by one person to another and accepted by or on behalf of the latter.

- Simply Hiba means transfer of property by one person to another without consideration or without an exchange.

- Hiba is a contract as per Mohammeden Law.

- The donor shall be sane and major and must be the owner of the property which he is gifting. Also property shall be in existence at the time of hiba.

- A manifestation of the wish or intention on the part of the donor to gift is first requirement.

- The acceptance by the donee either impliedly or expressly is second requirement.

- The taking of possession of subject matter of the gift by the donee is third requirement.

- In Mohammedan Law oral Hiba is permissible subject to fulfilment of above requirements.

- A Hiba does not require a registered deed means non registration of Hiba Will not affect validity.But registered hiba is only a valuable piece of evidence.

 - A hiba to an unborn person is not valid under Mohammedan Law.

........ Relevant Provision.........

 ..... Un codified Mohammedan Law chapter in respect of Hiba - Gift.

- - - - - Relevant Judgement - - -  - - - - - - - 

- Abdul Rahim & Ors v/s Sk. Abdul Zabar & Ors A.I.R 2010 S.C.211 = 2009 SAR 560= 2009(5) Mh.L.J.701.

- Rasheeda Khatoon (D) through LRS. v/s Ashiq Ali s/o Lt. Abu Mohd (D) through LRS 2014 SAR 1137 = 2014 AIR SCW 6261.

- Hafeeza Bibi & Ors v/s Shaikh Farid (D) By Lrs & Ors A.I.R.2011 S.C

1695=2011 SAR 523.

- Jamela Begum (D) Thr. Lrs v/s Shami Mohd.(D) Thr.Lrs. & Anr 2019 SAR 166.

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