It must be anything (moveable or immovable, corporeal or incorporeal) in excess of which the appropriate of property may very well be exercised or just about anything which exists either as a certain entity or an enforceable right, or just about anything designable beneath the time period mal (property).

Based on the Hanafi School except for the next situations, a present is usually revoked even following the Demise in the donee.

Maimuna Bibi v. Rasool Mian[xiii], it absolutely was held that though the oral gift is permissible underneath Muslim legislation, to represent a sound reward it's important that donor should divest himself wholly of all ownership and dominion about the subject on the gift. His intention ought to be in Convey and obvious words. Based on Macnaghten, “

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The term Hiba has long been described in several facets through the courts of India and, pursuant to this, the term has also been found to exclude all character of providers, for companies never exist at time from the guarantee- they will only be executed once their website the assure to perform is produced, which suggests that the similar simply cannot drop under the definition of Hiba which demands the thing for being in physical existence at enough time of your gifting.

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The declaration need to be cost-free from the many impediments for instance inducement, threat, coercion, duress or assure and may be created by using a bona fide intention.

Hiba (present) below Muslim regulation is a voluntary transfer of property or ownership from 1 individual to a different without any thought or expectation of return. Hiba is derived in the Arabic phrase for present.

According to the Hanafi Faculty, with the exception of the subsequent cases, a gift is often revoked even following the shipping and delivery of possession. The exceptions to the identical are[xxxvi]:

a hiba is definitely an obligation by which property in a particular item is transferred right away and unconditionally without any exchange and totally free from any pious or religious objective to the Portion of the donor’

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b) Hiba of the share in freehold property in a large business city; For instance, A wins a house in Dhaka. He tends to make a gift of 1-third of his property to B. The property remaining positioned in a considerable professional town, the present is valid.