I.

Introduction and Historical Background of Hiba

Any person who has some property, whether movable or immovable, can transfer his
property through different modes like - sale, exchange, will (wasiyat), as well as gift. As a
gift (hiba), one person transfers his property to another without any monetary consideration.
It is gratuitous and inter-vivos in nature.
This is the general definition of Gift which is accepted by all the religions, including Muslim
Law, in which gift is called as Hiba.
There are mainly two ways through which a Muslim can devolve his wealth
Under Muslim Law, the concept of Gift developed during the period of 610 AD to 650 AD.
The scholar Mulla says - “Hiba is a transfer of property made immediately, and without any
exchange by the person to the other and accepted by or on behalf of latter."
According to Hedaya, "Hiba is an unconditional transfer of ownership in an existing property
made immediately and without any consideration"
However, conception of the term ‘gift’ as used in the Transfer of Property Act, 1882, is
somewhat different from the practice under the Muslim Law.
Under Muslim law, gift or Hiba is governed by personal law and does not require any writing
or registration. However, under the Transfer of Property Act (TPA), 1882, the gift of
immovable property must be in writing and registered.

II. Essentials of Hiba

The Hon’ble court in the case of Kaia Chand v. Jagannath observed that a gift by a Muslim
must comply with the provisions of Muslim Law. Under Muslim Law, following essentials
must be fulfilled to make a valid Hiba –
1. Declaration by the Donor
2. Acceptance by the Donee
3. Delivery of Possession
The Hon’ble High Court of Kerala in the case of P. Kunhimma Umma v. Aisha Umma
observed that the aforesaid requirements must be completed to make Hiba complete.
1. Declaration by the Donor

III. Hiba and its Kinds

IV. Revocation of Hiba

V. Conclusion