Friday 26 April 2024

What are necessary pre-requisite for giving of gift as per muslim law?

 According to Muslim Personal Law in India, a gift is known as "Hiba". The gift under Muslim law is given effect by a declaration of gift by the donor and its acceptance by the donee. Here's how it is done:

  1. Declaration (Offer) by the Donor (Offeror):
    • The donor must declare the gift clearly and unambiguously.
    • The declaration should specify the subject matter of the gift.
    • The declaration must be made during the lifetime of the donor.
  2. Acceptance by the Donee (Offeree):
    • The acceptance must be unqualified.
    • The donee must accept the gift during the lifetime of the donor.
  3. Delivery of Possession (Actual or Constructive):
    • After the declaration and acceptance, there should be delivery of possession.
    • Delivery can be actual or constructive, depending on the nature of the subject matter.
  4. Registration (Optional):
    • Registration of the gift deed is optional but advisable as it prevents any dispute regarding the gift in the future.
  5. Witnesses:
    • Though not mandatory, it is advisable to have witnesses for the gift deed.
  6. Revocability:
    • A gift under Muslim law, once accepted, is irrevocable. However, if the gift is made in contemplation of death (marz-ul-maut), it is revocable.
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