The legal framework governing gifts under Muslim law.

Case Laws January 21, 2025

A gift, or Hiba, is defined in Hedaya as the donation of a thing from which the donee may derive a benefit. In legal terms, it refers to the immediate and unconditional transfer of property without any consideration or exchange .

Similarly, Mulla defines a hiba or gift as "a transfer of property, made immediately and without any exchange," by one person to another, and accepted by or on behalf of the latter. The Principles of Mohammedan Law by D.F Mulla outlines three essential conditions for the validity of a gift under Section 149 thereof which reads as under:-

(i) A clear and unequivocal declaration of the gift by the donor,

(ii) Acceptance of the gift, either express or implied, by or on behalf of the donee, and

(iii) Delivery of possession of the subject matter of the gift by the donor to the donee, as further explained in Section 150.

The fulfillment of these conditions renders the gift complete and legally valid. Needless to mention that gift can be made orally and requires no registration, even writing is not necessary to the validity of the gift made regarding immovable property.

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It is also well settled that in the case of a gift of immovable property by the husband to the wife, the fact that the husband continues to live in the house gifted or to receive the rents after the date of gift, will not invalidate the gift, the presumption being that the rents are collected by the husband as a rent collector on behalf of the wife and not on his own accord.

Under Mohammadan Law, the concept of spes successionis (the mere hope or expectation of inheriting) is not recognized, meaning a presumptive heir has no rights in the property of the deceased until his death occurs. Therefore, the appellants, as potential heirs, could not challenge the validity of the gift made by their father.

The donor, having made the gift voluntarily, affirmed it during his lifetime, and never questioned its validity before his death, leaving his successors (legal heirs) without standing to dispute the gift’s validity.