Hiba
ASMA SAVANUR
(Querist) 26 October 2014
This query is : Resolved
Sir I need some information about meaning of Hiba and law related to it.
Asma
Anirudh
(Expert) 26 October 2014
HIBA means gift.
Please indicate your factual situation and ask your query. That will be answered.
It will not be possible to teach you the entire law relating to HIBA.
Shailesh Kr. Shah
(Expert) 27 October 2014
Law relating to hiba applies only on muslim.
G. ARAVINTHAN
(Expert) 27 October 2014
In Islamic law HIBA means a Gift,that includes all transfers of property without consideration
ajay sethi
(Expert) 27 October 2014
agree with experts
Raj Kumar Makkad
(Expert) 27 October 2014
Post the facts of your query otherwise your query has no value in the eyes of experts.
ASMA SAVANUR
(Querist) 29 October 2014
I have gifted half share of my property I.e. land residential to my husband by way of regd gift. The same was given by my father by way of gift. After the gift by my father to me same was not entered in khata transfer. Whereas my husband made a khara transfer without obtaining signatures of both of us. Later as pet the high court judgementmy father along with me made submission to concerned authorities and after several letters now the khata is retransferred to me and my father. As on date the khata of the property stands in my name and regd gift deed exists. Since I have applied for divorce can I take back the gift as my husband has not accepted the gift?
T. Kalaiselvan, Advocate
(Expert) 29 October 2014
Under the Mohammedan law, for validity of the deed of gift, four elements are necessary:
1) declaration of gift by the donor;
2)relinquishment by donor of ownership and dominion;
3) acceptance of the gift by the donee, and
4)delivery of possession of the property by donor.
The relinquishment of control and ownership by the donor is necessary to complete the gift.
A gift by a married woman is valid and subject to same legal consequences. A gift by a pardanashin lady is valid, but in case of a dispute the burden of proving that it was not induced by undue influence and the donor understood the nature of the transaction while making, lies on the donee. The condition is based on the special protection extended by law to the weak, ignorant and infirm.However if the property gifted has been evidenced by a petition to the revenue authorities by the donor and donee for the purpose of effecting a mutation of names, this fact will not vitiate the gift.
In your case the property has been properly mutated on your husband's name, hence the gift can be considered as valid, however, you may take the advise of lawyer who is fully conversant about Muslim laws in this regard and see what best can be done.
