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kainatakhtar (lawyer)     03 April 2013

Oral gift

Under Mohammedan Law what is the process for oral gift.Is it necessary to get it registered ?can a person under Mohammedan gift his whole property to anyone?



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 3 Replies

Vidhi Joshi (Trademark Registration Mumbai | IPR Firm | Mumbai | Start Up Lawyer | Copyright Lawyer)     03 April 2013

A Muslim can gift his property thru 'hibanama" either orally or in writing with two muslim witnesses, and further its not mandatory to register the same.

adv. rajeev ( rajoo ) (practicing advocate)     04 April 2013

I do agree with clone-panvel, but possession is must.  The donor must be shifted another property after gifting the property.  If he reisdes there till his death gift will be invalid.  If the oral gift is reduced to writing then it should be regd.,  I have won the case on both these grounds of my clients

sridhar pasumarthy (ADVOCATE)     05 April 2013

As stated by Mr. Rajeev, so long as it is not reduced into writing, an oral gift is valid.  Once it is reduced into writing, it must be stamped and registered else it is not valid.


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