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.

Print Page