Gift a house
HAMIDA
(Querist) 14 December 2011
This query is : Resolved
hi
if i want to gift my property to my husband wat are the legal formalities.the house is bought by my own money can i gift this to my husband is there any problem legally plz advice.
thankyou
ashutosh mishra
(Expert) 14 December 2011
Yes! you can legally gift the house to your husband.Since you are muslim the gift can be oral with physical delivery of the house and acceptance by your husband.Even if you choose to register the gift it may not prove very costly if you are outside UP.
Sailesh Kumar Shah
(Expert) 14 December 2011
yes, Hibba to your wife. There is no legal problem to hibba. Also there is no stamp duty for it.
Raj Kumar Makkad
(Expert) 14 December 2011
I differ with the advice of Shah on the point of stamp duty. In almost all states, stamp on hibba is required to be paid but this is not your question.
You can legally make gift in favour of your husband.
Guest
(Expert) 15 December 2011
Anyway, stamp duty was not the issue in the question. However, you can take recourse to Hiba, as per the Mohammedan law, for gifting of your property.
Under Mohammedan law, to be a valid gift, three essentials are required to exist:
(a) declaration of gift by the donor (yourself)
(b) an acceptance of the gift, express or implied, by or on behalf of the donee (your husband), and
(c) delivery of possession of the subject of gift.
Again, under the Mohammedan Law it is essential as regards gift that the donor (you) should divest himself (yourself) completely of all the ownership and dominion over the subject of the gift. It is essential to the validity of the gift that there should be delivery of such possession as the subject of the gift is susceptible of.
However, according to Muslim law it is not necessary that there should be deed of gift in order to make it a valid gift, but of course, if there is a deed it should be registered.
prabhakar singh
(Expert) 18 December 2011
As regards the GIFT by a muslim is concerned, three essential conditions viz., offer (ijab) to make a gift; acceptance (qubool) of the gift by the donee; and delivery of immediate possession of the property (qabza). If these three conditions are fulfilled, the fift is valid and complete. Only exception to the delivery of immediate possession is where the donor and donee reside in the same property which is the subject matter of gift. Even if a Muslim Gift is registered, but if any of the above conditions are not fulfilled, then the Gift is not valid.The possession can be even constructive such as if the property is leased or there may be like cases.
