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haroon (engineer)     05 February 2011

Heba Gift Deed

A person has gifted his house as a Heba (gift) to her wife, and  later  given her divorce and the wife has taken the poccession of the house. As the gift is not completely transferred on the wife's name can it be revoked, the person does not have the original documents nor the photocopy of the house papers or Heba. Kindly explain


 10 Replies

ADV Rajesh KASRIJA (ADVOCATE)     05 February 2011

R/ haroon

 please tell me the parties r hindu/muslim

Adv kasrija


cyberlawyer (barrister)     05 February 2011

Rajesh ji, the OP says hiba. So they are Muslims only. The word hiba is used only for Muslim settlement...

2 Like

haroon (engineer)     05 February 2011


Mudassir Rahman (student)     06 February 2011

Oral declaration is valid, it is not necessary to get registered in wife name, but the burden of proof lies on wife she has to prove the intention of her husband

Mudassir Rahman (student)     06 February 2011

and the facts such as hiba was given before divorce or after divorce is to be studied  

haroon (engineer)     06 February 2011

heba was given before divorce, and wife has taken the pocession, now the husband wants to revoke the heba and take back the house, he doesn't hav any original or photocopy of documents to support. kindly explain

ADV Rajesh KASRIJA (ADVOCATE)     06 February 2011


A GIFT CANNOT EASILY BE REVOCKED AFTER THE DELIVERY OF POSSESSION TO DONE. ONCE THE POSSESSION OF a GIFT-PROPERTY HAS GIVEN TO DONEE BY a DONOR SUCH GIFT CANNOT subsequently be revoked merely by a) declaration of revocation, or b) instituting a suit or c) by any other action. It is possible only when the decree of a court passed. Discussing the right of donee in such circumstances, A) a gift can be revoked after delivery of possession if done gives consent for the same or B) revocation can be done by a decree of the court. Since the gift is given by donor, the right of its vacation confines within him only being his personal right, heirs of donor afterwards or at any time cannot revoke it.

 That till the decree of the court is passed for revoking the gift the done is entitled to use the property in any anner. He can also alinate.

Adv Kasrija


haroon (engineer)     06 February 2011


jitender pawaria (Advocate)     06 February 2011

please tell me if 'A' was owner of the property which he got as a dholi form villager and 'A' have only daughter can she transferr such land through Heba deed

Abu Thalha (Law)     07 February 2011

As the Barrister says 'Hiba' is a special term associated with Muslim personal law denoting a gift made by a Muslim.  Mudassir is right in saying oral gift is valid in law.  See Section 129 of the Transfer of Property Act.

All the above discussions conclude that the gift is absolutely valid can not easily be revoked.  It is also not advisable for the husband to seek revocation as the Islamic injunction is that  'even if you give a mountain of gold better not to take back'.

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