Assistant Professor Transfer of property in which ownership transfer by a living person to another living person Without consideration Transfer of property after death of transferor is called will ID: 1029266
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1. Gift (HIBA) -Meera B.LathaAssistant Professor
2. Transfer of property in which ownership transfer by a living person to another living person Without considerationTransfer of property after death of transferor is called willGift is gracious transfer Under Muslim law, a person is allowed to lawfully to make gift of his property another during his lifetime or he may transfer it by way if will which will take effect after his death
3. Essential of gift (hiba)Parties to giftDonor : MajorFree consent Owner of propertyDoneeWho is receive Any person capable of holding property which includes jurisdict person, Ex. Institutions, company ,firmSex, creed no barGift may be lunatic, unborn person Gift can be given to mosqueGift to fiduciary person: a person who made will of other ex. Family relationship
4. Under sunni law: for unborn person within the 6 moth of declaration of gift the child would takes birthUnder shia law: the child should takes birth within the 10 monthsThe corpus property: it should be seenUsufructActionable claim: it is a type of debt that can also be gift
5. Inter vios: both persons must be living at the time of giftAt the time death bed gift : only one third property can giftDeclaration of gift: bonafide, voluntary, the donor is free from any forceDonee should acceptDelivery of possession is necessary
6. When delivery of possession of gift not necessaryGift by father to his lunatic childWhen donor and donee residing same houseOne co sharer to anotherParty deliveryZamindari villageSubject matter in occupation tenantWhere donee is in possession
7. Void giftTo unborn childGift in futureGift with conditionGift of Musha ( undivided