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Hiba is a critical notion that must be understood not only legally, but also socially and traditionally. In this procedure, one person voluntarily and lovingly transfers possessions or assets to another. In this regard, the giver’s intention and unique feelings for the recipient are quite important. Hiba is viewed as a process that promotes diverse relationships and social togetherness.
Giving Hiba adds an additional dimension from a legal standpoint since it gives the receiver the right to legally own the property that is being given to them. Ownership given out of love is legally validated through Hiba, which necessitates adherence to a number of requirements and guidelines.
This article’s goal is to give a legal analysis of the Hiba procedure and to thoroughly explain its key components.
Hiba is a legal procedure under Muslim law whereby an individual donates property they own to another person out of love, affection, or intimacy without expecting anything in return. This type of gift is given while the giver is still alive and takes effect right away, giving the donee instant ownership rights.
The individual administering hiba must:
• Be a Muslim;
• Be of legal age and clear mind;
• Must be the owner of the item being given;
• Must give the Hiba willingly and free from coercion.
For instance, unless the property has been inherited in her name, a widow cannot bequeath her husband’s belongings to a Hiba following his death.
The recipient of Hiba:
• Can be of any age or gender;
• Can be a Muslim or follow any other religion;
• If unable or a minor, their guardian may accept the Hiba on their behalf.
• Must be alive; an unborn kid or a deceased person cannot accept a Hiba.
Only self-owned, existing property may be given as a gift under Hiba:
Income, rights, interests, etc.
According to Muslim law, hiba is an act of love and free will that confers ownership. Three basic and necessary requirements must be met for a Hiba to be deemed legally valid. These requirements are essential to guaranteeing that the transfer via Hiba is legitimate and enforceable; they are not just formalities.
1.Simple Hiba:
The transfer of property from one individual to another without any conditions or consideration is known as a simple hiba. Only three things are necessary: the donee’s acceptance, the donor’s free will, and the actual transfer of ownership. The most prevalent type of Hiba, particularly among family members, is this one.
Example: Through Hiba, a parent gives his son his own land, which the son then starts using.
2.Hiba-bil-Iwaz (Hiba in Exchange):
The donee provides something in exchange for the Hiba in Hiba-bil-Iwaz. The other party offers a good, service, or advantage in return for the Hiba. In this form, hiba is no longer merely a gift; rather, it resembles a trade or other exchange transaction. The Hiba and the return consideration are the two components that make up the agreement.
Example: A Hiba-bil-Iwaz occurs when A gives B his plot in exchange for B giving A a motorcycle.
3.Hiba-ba-Shart-ul-Iwaz (Hiba with Condition of Return):
This particular kind of hiba has a condition attached that requires the donee to give something back or render a service. If the requirement is not met, the Hiba may be canceled. The components of a contract and a gift are combined in this form
Example: A has the authority to revoke the Hiba if he gives his brother a house with the stipulation that the brother must look after him in his later years.
A Hiba may be deemed legitimate under certain particular conditions even in the absence of real possession delivery:
When property is transferred out of love and without any consideration, it is referred to as hiba. The donee must accept the gift and take ownership of the property, and the donor’s intention must be evident. Despite its emotional and religious components, the Hiba legal process is legitimate, particularly when it comes to immovable property. Stronger legal protection and a decreased likelihood of future lawsuits are two benefits of registering the Hiba.
Obtaining legal counsel is crucial while performing a Hiba. The Hiba’s legal legitimacy is reinforced by appropriate documentation, required registration, and consideration of other legal factors. This gives the donee complete control over the property and guarantees a transparent and safe process. It may be helpful in certain situations to consult Adv. Abdul Mulla, the author of this essay, via websites such as www.asmlegalservices.in or www.lifeandlaw.in.
Adv. Abdul Mulla (Mob. No. 937 007 2022) is a seasoned legal professional with over 18 years of experience in advocacy, specializing in diverse areas of law, including Real Estate and Property Law, Matrimonial and Divorce Matters, Litigation and Dispute Resolution, and Will and Succession Planning. read more….
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