Tuesday 5 March 2013

HIBA : A gift (MUSLIM LAW)

A gift( HIBA) is a transfer of ownership in which the transferor does not receive any consideration for the transfer.
The essentials requisites of a valid gift are:

1. The donor( transferor) should have a contractual capacity i.e. he must be major and of sound mind.

2. The donee should be a person in existence. so a gift to an unborn child in not valid.( not even in WOMB)

3. Declaration of gift by donor and acceptance by the donee. when donee is MINOR, acceptance may be made on his behalf by his guardian.

4. Delivery of possession must be done.

0 comments:

Post a Comment

ShareThis