What is gift? - Legal Blogge

The term gift has been defined in different angles according to the will of the people. The term gift in English is much wider than the Muslim law. Under the circumstances of the place and time subject matters of gift may be different kinds. Some where it is known and established for moveable property but Some where it is known as immoveable property. Let’s see the term gift according some scholars;-

According to Mulla, “ A gift or hiba is a transfer of property, made immediately, and without any exchange, by a person to another and accepted by or on behalf of the latter”.

According to Fyzee, “Hiba is an immediate and unqualified transfer of the corpus of the property without any return”.

According to section 122 of the Transfer of Property Act-1882, “Gift is the transfer of certain existing movable or immovable property made voluntarily and without consideration by one person called the donor to another person called done and accepted by or on behalf of the done”.

According to Dr. T. Rahman, “Transfer of movable or immovable property with immediate effect without consideration by one person in favour of another and the acceptance of the same by that another himself or by someone authorized on his behalf is called gift, provided that one making the gift must totally denounce all his title and rights in the property gifted away on his independent free will”

In short, a gift means transfer of property whether movable or immovable is not revocable after the possession has delivered to the transferee without any consideration within the life time of the transferor.

Written With The Help Of Refference Book:

Mulla’s Principles Of MAHOMEDAN LAW (19^th Edition)

Written By: M. Hidayatullah & Arshad Hidayatullah (India).

Text Book Of MOHAMMEDAN LAW (23^rd Edition)

Written By: Aqil Ahamad (India).

MUSLIM LAW (17^th Edition-2014)

Written By: Syed Khalid Rashid.

Revised By: Prof. V. P. Bharatiya (India).

Text Book On ISLAMIC LAW

[Including Statutory Family Laws]

Reprint: May 2009(1^st Edition)

Written By: Dr. Muhammad Faiz-Ud-Din (Bangladesh).