Oral hiba

Mulla, Principles of Mahomedan Law (19th Edition), Page 120, states the legal position in the following words : “Under the Mahomedan law the three essential requisites to make a gift valid : (1) declaration of the gift by the donor: (2) acceptance of the gift by the donee expressly or impliedly and (3) delivery of possession to and taking possession thereof by the donee actually or constructively. No written document is required in such a case.

go through this judgement on HIBA

https://advocatemmmohan.wordpress.com/2011/05/31/hiba-supreme-court-judgement/

No doubt, oral Hiba is permissible under Mohamaden law. If there is no dispute regarding oral Hiba , then it is o.k.

If the hiba is disputed and the title of the donee is questioned after the death of donor, it is practically difficult to establish the same.

Mere possession of property by one of legal heirs, doesn't mean that the property was conveyed to him by way of oral hiba.

If any written document was executed by the donor to convey the property to donee, then it should be registered under Indian Registration Act.

Note that if any hiba is given by a donor when he/she is on death bed, it will be treated only as Will not as Hiba.