Hiba settlement limit
MOHAMED FIROZ
(Querist) 06 March 2013
This query is : Resolved
I OWE ONLY ONE PROPERTY WHICH I WANT TO GIFT TO MY ONLY SON AND TO MY WIFE THROUGH HIBA.I HAVE THREE DAUGHTERS ALSO. CAN I GIVE 1/3RD TO MY SON AND 1/3RD TO MY WIFE AND KEEP 1/3RD TO MYSELF? SHOULD I WRITE A DEED AND REGISTER IT OR ORALLY GIFT IT? IS IT VALID UNDER THE ISLAMIC LAW TO GIFT MORE THAN 1/3? IF I HAVE DONE AS ABOVE IS IT AGAINST ANY LAW PROVISION? IN SUCH CASE WHAT SHOULD BE DONE TO RECTIFY IT?
FIROZ
ajay sethi
(Expert) 06 March 2013
A hibba may be validly made by a muslim of his all properties even to a stranger
or to any of his heirs provided he is not making on death bed.The 1/3rd restriction
is about WILLS or HIBBAS being made while on death bed.[see:Mulla Principles of
Mahomedan Law 17th edition by [EX JUSTICE M.Hidayatullah, chapter xi,page 137,
section 142.]As per section 147 of the text writing is not essential to the validity of a
hibba either of movable or of imovable property.Vide section 149 of the text the three
essentials of a hibba are [1]declaration of the hibba by donor,[2]an acceptence of hibba ,
express or imployed,by or on behalf of the donee,and[3]delevery of possession of the
subject of hibba by the donor to the donee either acctually or constructively.
always advisable to do it in writing and have hibanama regsitered
arunprakaash.m.
(Expert) 06 March 2013
Hiba can be for whole property or party property. It can be oral. the following three conditions must be fulfilled.
i.There must be a hiba/gift.
2. It must be accepted by the donee.
3. Possession should be delivered to the donee and it should be accepted by the donee.
Under Mohammeden law there can be a oral gift by following the above said three conditions.
If you want these things into writing then it must be registered.
1/3 disposition applicalbe only to Wasiyat/Will not for gift.
Raj Kumar Makkad
(Expert) 06 March 2013
You can make the will of only 1/3 share of your property as of now.
