Hibba

Querist : Anonymous (Querist) 09 October 2011 This query is : Resolved
what is hibba, is it necessary to register in registrar office.
is it necessary to publish in news paper before hibba nama register.

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prabhakar singh (Expert) 10 October 2011
Gift or Daan can be understood as its English and Hindi equivalents.Gift IF ,i proceed to guess,must have EVOLVED first from GOD as NATURAL RESOURCES GRATUITOUSLY AVAILABLE TO US.SO HIBBA IS FREE THING FROM GOD TO US WHERE DONOR OUT OF HIS NATURAL LOVE AND AFFECTION HAS GIFTED US THE NATURE AND WE HAVING ACCEPTED IT USE THE SAME AS OWNER TILL OUR LIVES.

THIS PHENOMENA LED US TO LEARN TO GIFT SOME THING WE OWN ,MOVABLE OR IMMOVABLE,TO OUR LOVED ONE FREE WITHOUT CONSIDERATION.

THUS OBVIOUSLY A HIBBA IS BILATERAL ACT BETWEEN TWO PARTIES ,THE ONE IS CALLED 'DONOR' AND THE OTHER IS CALLED 'DONEE'.

BY DEFINITION ,IT INVOLVES THEN, THREE ELEMENT AS ITS ESSENTIAL CHARACTER :1]DONATIVE INTENT OF DONOR TO DONE SOME THING FREE,2] ACCOMPANIED BY PHYSICAL DELIVERY BY THE DONOR,3]AND ITS ACCEPTANCE
BY THE DONEE.

THIS GOES TRUE FOR ANY GIFT IN ANY PERSONAL LAW FOR ANY PROPERTY, MOVABLE OR IMMOVABLE.

BUT IN INDIA WE HAVE AN ENACTMENT CALLED TRANSFER OF PROPERTY ACT WHICH REGULATES TRANSFER OF IMMOVABLE PROPERTY.
IT PROVIDES A PARTICULAR MODE OF TRANSFER TO COMPLETE A TRANSACTION OF GIFT WHEN IT IS WITH RESPECT TO IMMOVABLE PROPERTY.

SECTION 122 OF THIS ACT DEFINES GIFT AS REPRODUCED HERE "“Gift” is the transfer of certain existing moveable or immoveable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee.

Acceptance when to be made.—Such acceptance must be made during the lifetime of the donor and while he is still capable of giving.
If the donee dies before acceptance, the gift is void."

TILL IT THERE IS NO DIFFERENCE BETWEEN A TERM HIBBA OR GIFT BUT IT IS SECTION 123 WITH REGARD TO GIFT OF IMMOVABLE PROPERTY,THAT DISTINGUISHES THE TERM 'GIFT'
OTHER THAN WHAT A HIBBA IS CALLED IN MUSLIM LAW. IT LAYS "Transfer how effected.—For the purpose of making a gift of immoveable property, the transfer must be effected by a registered instrument signed by or on behalf of the donor, and attested by at least two witnesses.

For the purpose of making a gift of moveable property, the transfer may be effected either by a registered instrument signed as aforesaid or by delivery.

Such delivery may be made in the same way as goods sold may be delivered."

THUS AS SEEN THERE CAN NOT BE A GIFT OF IMMOVABLE PROPERTY IN ANY OTHER MODE THAN ONE LAID DOWN IN 123 OF THE ACT,A HIBBA CAN, BY THOSE GOVERNED BY MUSLIM PERSONAL LAW, TRANSACT HIBBA ORALLY EVEN OF IMMOVABLE PROPERTY BY CONSTITUTING THREE ELEMENTS OF TRANSACTION ENUMERATED ABOVE WITHOUT ANY DEED IN WRITING OR ITS REGISTRATION.

FINALLY IT EMERGES THAT WHEN IT COMES TO GIFT A NON MUSLIM HAS TO FOLLOW THE LAW LAID DOWN IN SECTION 123 OF THE TPA,BUT MUSLIM IS FREE TO FOLLOW THE CONCEPT OF HIBBA AS EVOLVED IN THERE PERSONAL LAW.

Sailesh Kumar Shah (Expert) 10 October 2011
1.Hibba means gift.
2.It deals with muslim law only.

only 3 essential elements in Hibba:-
a)Declaration by donor.
b)Acceptance by donee.
c)Delivery of Possession of property.

Registration is not mandatory.

Publication in newspaper would be better in current scenario.