Meaning and Concept
Hiba is the Muslim law concept of gift, meaning a voluntary and unconditional transfer of property made by one person to another without any consideration. Under Muslim law, Hiba is governed by personal law principles and not by the Transfer of Property Act, 1882, except where expressly applicable. The essence of Hiba lies in immediate transfer of ownership and acceptance by the donee. Unlike gifts under the Transfer of Property Act, a Hiba can be made orally and does not require registration if possession is delivered. The object of Hiba is to promote generosity and lawful transfer of property during the lifetime of the donor.
Statutory Provision and Legal Framework
Although Hiba is primarily governed by Muslim Personal Law, courts often refer to principles explained in authoritative texts and judicial decisions. Section 129 of the Transfer of Property Act, 1882 expressly saves Muslim law relating to gifts from the application of the Act. According to Muslim law, three essentials must be satisfied for a valid Hiba: declaration of gift by the donor, acceptance by the donee, and delivery of possession. Absence of any one of these essentials renders the gift invalid. Courts have consistently upheld that delivery of possession is the most crucial element of Hiba.
Essential Characteristics and Importance
The essential characteristics of Hiba include absence of consideration, voluntary transfer, immediate effect, delivery of possession, and acceptance by the donee. Hiba is important because it allows flexible transfer of property without rigid formalities. In examinations, Hiba is often compared with gifts under the Transfer of Property Act to test understanding of personal law exceptions. Knowledge of Hiba helps students appreciate the diversity of property law systems in India and the coexistence of statutory and personal laws.
Real-Time Example
A real-time example of Hiba is when a Muslim father orally gifts his house to his daughter during his lifetime and hands over possession of the house to her. The daughter accepts the gift and starts residing in the house. Even without a written document or registration, the gift is valid under Muslim law due to fulfillment of the three essentials. Another example is gifting agricultural land to a relative with immediate delivery of possession. These examples reflect the practical application of Hiba principles saved under Section 129 of the Transfer of Property Act, 1882.
Mnemonic to Remember
A simple mnemonic to remember Hiba is “D.A.D”.
D – Declaration by donor
A – Acceptance by donee
D – Delivery of possession
This mnemonic helps students easily recall the three essentials of a valid Hiba during examinations.
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