Hanumant's Law Journal

your site helped a lot...can you upload more i nfo abt hiba? as in d conditions required and revocation of hiba, consequences and issues regarding it.......
thanx

Gift" is the transfer of certain existing moveable or immoveable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee. Such acceptance must be made during the lifetime of the donor and while he is still capable of giving. If the donee dies before acceptance, the gift is void.

The conception of the term "gift" as used In the Transfer of Property Act is somewhat different from the use in Mohammedan law. In the Mohammedan law a gift is a transfer of property or right by one person to another in accordance with the provisions given in the Mohammedan law and includes-
a) A hiba, an immediate and unconditional transfer of the ownership of some property or of some right, without any consideration or with some return (ewaz); and

b) An ariat, the grant of some limited interest in respect of the use or usufruct of some property or right.
Where a gift of any property or right is made without consideration with the object of acquiring religious merit, it is called sadaqah.

The terms "hiba" and "gift" are often indiscriminately used but the terms "hiba" is only one of the kinds of transactions which are covered by the general term "gift". A hiba is a transfer without consideration. A gift by a Muslim in favour of his co-religionist must be under the Mohammedan Law. A gift is not a contract (though in Muslim law it is called a contract) but the principle may be applicable even to gift.

In ordinary legal effect, there cannot be a `gift' without a giving or taking. The giving or taking are two contemporaneous, reciprocal acts, which constitute a gift. Section 122 of the Act postulates that a gift is a transfer of certain existing movable or immovable property made voluntary and without consideration by one person called the donor, to another, called a donee and accepted by or on behalf of the donee. The essential elements of a gift are
(a) The absence of consideration;
(b) the donor;
(c) The donee;
(d) The subject-matter;
(e) the transfer; and the acceptance.
The concept of gift is diametrically opposed to any presence of consideration or compensation.
In order to constitute a valid gift, the pivotal requirement is acceptance thereof. No particular mode of acceptance is required and the circumstances throw light on that aspect. A transaction of gift in order to be complete must be accepted by the donee during the lifetime of the donor. Factum of acceptance can be established by different circumstances such as donee taking a property or being in possession of deed of gift alone. If a document of gift after its execution or registration in favour of donee is handed over to him by the donor whom he accepts, it amounts to a valid acceptance of gift in law. The specific recital in the deed that possession is given raises a presumption of acceptance.

Conception Of Property
English Law.-In order to appreciate the questions of conditions in gifts (and also in bequests) it is necessary to first note the different conceptions of property in English and Mohammedan laws. The English law as to rights in property is classified by a division on the basis of immoveable and moveable (real and personal) property. Rights in land described as "estate in land" do not always imply only absolute ownership but also rights which fall short of it and are limited to the life of the grantee or otherwise limited in respect of time and duration or use property in all these various forms are described as "estate". Ownership of land is thus split up into estates distinguished in point of quality (e.g., into legal and equitable estates) and in point of duration (e.g., estates in fee simple, in tail, for life or in remainder.'
Mohammedan Law.-In general, Muslim law draws no distinction between real and personal property, and there is no authoritative work on Muslim law, which affirms that Muslim law recognises the splitting up of ownership of land into estates. What Muslim law does recognize and insist upon, is the distinction between the corpus of the property itself (ayn) and the usufruct in the property (manqft). Over the corpus of property the law recognises only absolute dominion, heritable and unrestricted in point of time; and where a gift of the corpus seeks to impose a condition inconsistent with such absolute dominion the condition is rejected as repugnant; but interests limited in point of time can be created in the usufruct of the property and the dominion over the corpus takes effect subject to any such limited interests. Limited interests in respect of property are not identical with the incidents of estates under the English law. Under the Mohammedan law they are only usufructuary interest (and not rights of ownership of any kind).
Thus, in English law a person having interest in immoveable property for limited periods of time is said to be the "owner" of the pr...

Good explanation Sara! Actually quite detailed. Well done and all the best.

Sir,
I wish to study muslin law on inheritance; in case of property - moveable & immovable - in the absence of a will of the deceased.

hello bro in muslim law ist two questions are same. mean when i click on 2nd , it opens 1st Q. i want muslim marriage dissolution act 1939 notes plz add it bro

Dear Mr. Deshmukh,

I have done Masters in Microbiology and qualified Indian Gov Patent Exam and now preparing for LLB. I have total 9 years of experience and i am actively involved in IPR. However I wish to have some guidance from you as to how do I prepare for my LLB Exams I am a first year LLB student. Hope to recieve your reply.

regards,

NILESH

Dear Mr. Deshmukh

You have done an excellant job. I would only suggest that more attention be paid to bring out the recend decisions of the higher court.

Priyanshu

what remedies are available to a muslim women whos husband got married to another women without divorce the first wife. what judicial steps she can take?

in muslim law a muslim husband can get married to 4 muslim women....no judicial steps can be taken by the women who got married to a muslim husband till he get married to the 5th women.

fifth marriage is void

in muslim law husband has right for second marriage but he should treat equally with both wifes

HIGHLY USEFUL

hello sir..
i wanna asked a query.
is any difference between hibba and gift? if yes then what?
please..

regard
hassaan

Gift is a generic term that includes all transfers of property without consideration. In India, Gift is considered equivalent to Hiba but technically, Gift has a much wider scope than Hiba. The word Hiba literally means, the donation of a thing from which the donee may derive a benefit. It must be immediate and complete. The most essential element of Hiba is the declaration, "I have given".

hi all this exellent site

i doing LL.B. and clear Ist semester

Good.... i think u'll go higher.... keeP iT uP... )

simply incredible!!

i am doing L.L.B..
can you pls provide us some usfull books.

mehar kya hai apki law ke mutabik yahi na ki ek aurat ko diya gaya patifal hota hi ji , jara soche aur vichar kare kay ye sahi ye jo sunte rasul mohd mustfa salam ne to ye nahi kha tha fir ye kyu skiya jath hai law ki book me ji is ka jawb de hame. kya ek aurat apni bawnwo and love ke badle ko rupyo me to nahi tolti hai fir kyu is ko mulla ne esa likh diya hi ji plz jah tak ho sake is pusti kare aur apke jawab ke itejar me sayed rizwana rijvi

mutawalli definition

mutawali means ksi masjid ya dargha ka bara jis k pas adm ka sara ikhtayar hota hay ya aam tor par masjid ya dargha k baray k liay use kartay hain

excellent notes one the subject of Muslim Law.some topics in Muslim Law are missing,please complete it.thanks

hello sir i want some notes... for 2nd sem...

please upload up, mp judiciary pre exam 2012 papers

"EXELLENT"

thx

As per Islamic Law if the husband was to give talaaq how can he safeguard himself from undue harrassment on grounds of domestic violence and dowry being misused

divorce is right of husband but he should treat with his wife very nicely as per islam culture because wife is gift of god

do hard work with honesty read juggements of all court carefully

dear sir need ur help for llb exam my

superb notes about Islamic topic, elaborated very well.even the people who joins , Specially Miss Sara.

pls sir give notes on hindu law-2

fab answer,s

thanks..v.clearly xplaind

father gifted a flat to his son under Hiba ( oral gift ) the said gift was done before two witnesses and possessoin was delivered whether it requires registratoin or not
the son again gifted the same flat to his wife under registered gift at the time of registratoin the son and his father reduced inwriting the above said oral gift as memorandum of oral gift for the purpose of Reg. Gift is it valid

Sir/mam

mai ek ex serviceman aur mai ab llb 2nd semester ka exam dena sir/mam pl mara ko important q nad asn Available karne ke kirpa kariga
thanks


Your student

ex Hav R K kumar Haridwar

sir/mam
I am the student of LLB II Sem

i require the bare act of the following
1. Law of torts andconsumer protection law
2. law of contract II
3. law of crime
4. family law II (mohammedans law)

please send me the above bare acts .

thank you very much