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Mr. Fahad   24 October 2021

Gift deed muslim

Hi Experts, 

My father  has has gifted his one of the flat to me (younger daughter) with love and affection in 2015 and executed gift deed on white paper and I also  excepted and my father passed away in 2019 and now we one mother three daughter and one brother dividing remaining property of my father. My siblings want me to include the flat in partition which was gifted to me by my father but not registered. 

Please advise the flat which was gifted to me shall include in partition is correct and the gift deed executed on white paper is valid in the perspective of law.

Thanks



 3 Replies

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     25 October 2021

An unregistered Gift Deed is invalid in the eyes of law.

Anusha Singh   25 October 2021

As per your query it is understood that you need information regarding the gift deed in Muslim law.

It is often supposed that the word ‘gift’ connotes the exact identical meaning as the term ‘Hiba’. A gift is a broad and generic concept whereas Hiba is a narrow and well-defined legal concept. Juristically, in Islamic law, a Hiba is treated similar to a contract consisting of an offer to give something on the part of donor and acceptance on the part of the donee. Thus, to make a Hiba three essential formalities have to be fulfilled.

A declaration of gift by the donor

Acceptance of the gift by the donee

Delivery of possession by the donor and taking of possession by the done

The donor may declare a gift of any kind of property either orally or through a written deed.

In the case of Md. Hesabuddin v. Md. Hesaruddin, a Muslim woman made a gift of her immovable properties in favour of her son. The gift was written on ordinary paper and was not a registered deed. The court held the validity of such gifts in this case as-

“ Under Muslim law, writing is not essential for the validity of a gift whether it is moveable or immovable property. Therefore, the gift, in this case, was held to be valid because writing and registration of a gift are not mandatory requisites to make a valid gift.”

Express Declaration: A declaration of a gift must be expressly made in clear words that the donor is conceding his ownership of the property completely. A gift made in ambiguous words is null and void.

Hope it helps!

 

Regards,

Anusha Singh

1 Like

P. Venu (Advocate)     27 October 2021

Under Muslim Law,  it is not necessary that a (gift) be registered. Your possession is valid in law. 

1 Like

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