Under Muslim law, Muslims can divide their property in many ways. It could be through Gift which is known as Hiba and through a will which is known as Wasiyat in Muslim law. A person is allowed to lawfully make a gift of his property to another during his lifetime But he may transfer it by way of will which will take effect after his death. 

Essentials of Hiba 

There are mainly three conditions which needs to be fulfilled for the successful transfer of property or making of a gift by a Muslim person. These conditions are as follows: 

• Declaration of gift by the donor. 
• Acceptance of gift by the donee. 
• Transfer of possession by the donor and it’s acceptance by the donee. 

The requisites of a valid gift are- 

• Parties to a gift- The parties to a gift transaction are donor and donee. The person who signifies his willingness to the other person for transferring his property is known as a Donor. On the other hand, the person who expresses his consent for the acceptance of the gift made by the donor is known as the Donee.   

• Subject of a gift- It can be anything over which dominion or right of property may be exercised, which can be reduced to possession, which exists either as a specific entity or as a enforceable right and which comes within the purview of Mal. 

•  Extent- The general rule is that the donors power to gift his properties is unrestricted. He may not only give the whole of his property but also any portion he likes irrespective of the fact that the disposition of the property will adversely affect on the expectant heirs right to inherit the property. However, there is one exception to the above mentioned general rule gift made during death illness. 

• Formalities or mode of gift- The most important requisite of hiba is that it must satisfy the rules laid down by Muslim law for making a gift. Mere presence of a donor and a donee; their ability to make and accept the gift and the existence of a valued subject of gift will not have the effect of completing the transaction it will have to satisfy certain formalities which in facts are the real tests of the validity of a transaction. 

Kinds of Gifts 

• Hiba-il-iwaz- Hiba means gift and iwaz means consideration. Hiba-il-iwaz means, the gift for the consideration already provided. Under all the laws, there is no system where there is a consideration for the gift. But under Muslim law, there is a system of gift with an exchange.  

• Hiba-ba-Shartul-iwaz- It means a gift made with a stipulation for return. In this case, the consideration is not paid by the donee by his own choice but it is paid because it is a necessary condition here.  

The concept of gift is a long due process which is coming over from our past. The term “Hiba” and “gift” have a different meaning when taking into consideration the transfer of property act, 1882. This article covers the basic concept of Hiba. The concept of Hiba is quite vast as it contains all the requisites and essentials of gift.

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