muslim law

pravir singh (Querist) 27 May 2011 This query is : Resolved
Is the hiba nama of immovable property require registration under the registration act.

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A V Vishal (Expert) 27 May 2011
Yes, Hiba Nama is compulsarily registrable document. Hiba in Urdu is gift and registration of gift deed is mandatory

R.Ramachandran (Expert) 27 May 2011
There are three basic requirements for a valid gift by a Muslim (either a woman or a man). They are"
(1) Parties to the gift (a) donor and (b) donee;
(2) Subject matter of the gift; and
(3) essential ingredients of making of a gift; (a) declaration (Ijab) by the donor;
(b) Acceptance (Qubool) by the donee;
(c) Immediate delivery of possession (Qabza).

A gift by a Muslim can be validly effected orally. Based on the oral gift, mutation of property can be sanctioned in favour of the donee. [refer Illahi Shamsuddin NAdaf v. Jalunbi Makbul Nadaf decided by the SC on 14.7.1994.]

A mulsim gift can be validly effected orally or it can be reduced to writing. When it is in writing it would be valid despite the fact that it was neither attested nor registered. A gift in writing even if registered will be invalid, if it does not fulfill the three basic requirements.

An oral gift must be strictly provied in case of a dispute. In case of dispute, what is required to be proved is the three basic ingredients of a valid gift were complied with i.e. declaration, acceptance and delivery of possession. If this is proved, other factors will be of little relevance.

Devajyoti Barman (Expert) 27 May 2011
Though gift at large is the compulsorily registrable document, it is not so for hiba nama.

For Muslims , the execution of the gift deed does not require registration at all.

The Supreme Court in the recent Hafeeza Bibi case has re established this principle.