Hiba in muslim personal law

saiyad (Querist) 30 December 2011 This query is : Resolved
Dear sir,
i would want your valuable advice for this problem:
my father's elder brother's wife has some self acquired piece of land. she does not have any children of her own i.e. she does not have any legal heirs.
now she wants to gift [hiba] that piece of land to my father's children i.e. me and my sister.
can this hiba be done in accordance to the muslim personal law in the indian constitution?
regards
saiyad

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adv. rajeev ( rajoo ) (Expert) 30 December 2011
yes she can made the gift. In muslim oral gift is also valid, but delivery of possession of the gifted property is must.

R.Ramachandran (Expert) 30 December 2011
Yes. Mr. Rajeev is absolutely correct. Muslim law relating to "Gift" does not practice any gender discrimination. In other words, it does not prohibit a muslim woman from "gifting" away her property. Further more, the restriction that not more than 1/3rd of one's property can be given away applies only to WILL and not to gift.
Therefore, the muslim woman in question can make a HIBA of the property in question to whomever that she wishes.
But the following three conditions have to be fulfilled.
1. That there should be declaration about the gift by the donor.
2. The donee(s) must accept such a gift.
3. The immediate possession of the property must be delivered to the donee(s). (Though Muslim Gift's need not be registered, yet by registering the Gift deed in the sub-registrar's office, the immediate delivery of possession by the donor to the donee can be conclusively established.)