As per section 17 of Indian Registeration Act , the sale of a property is compulsorily registered if the sale consideration is more than Rs100/- and do not discrimination on the basis of religion.
Under Mohammaden law Gift is signifies as Hiba.
Gift is the transfer of certain existing moveable or immoveable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee. Such acceptance must be made during the lifetime of the donor and while he is still capable of giving. If the donee dies before acceptance, the gift is void.
The word Hiba literally means, the donation of a thing from which the donee may derive a benefit. It must be immediate and complete. The most essential element of Hiba is the declaration, "I have given".
As per Hedaya, Hiba is defined technically as, "unconditional transfer of property, made immediately and without any exchange or consideration, by one person to another and accepted by or on behalf of the latter".
The donor (the person who gives). Any person who is sui juris can make a gift of his property. Like any other contract, the requisite conditions are [the age of] majority, understanding, freedom and ownership of the subject matter of the disposition. A person must be major, able to understand the nature of the act, be subject to no undue influence, coercion or duress and must be the owner of the property to be gifted. A declaration by the donor therefore must be clear and unambiguous intention of the donor to make a gift. Further Conditions for donor would be that he must be free of any fraudulent or coercive advice as well as undue influence & of course he must have ownership over the property to be transferred by way of gift. Donee must be in existence and the gift must be accepted by him. Once Hiba is validly created, it cannot be revoked.
Further following gifts are void -
Gift to unborn person. But a gift of life interest in favor on a unborn person is valid if he comes into existence when such interest opens out.
Gifts in future - A thing that is to come into existence in future cannot be made. Thus, a gift of a crop that will come up in future, is void.
Contingent gift - A gift that takes affect after the happening of a contingency is void. Thus a gift by A to B if A does not get a male heir is void.
Gift with a condition
A gift must always be unconditional. When a gift is made with a condition that obstructs its completeness, the gift is valid but the condition becomes void. Thus, if A gifts B his house on a condition that B will not sell it or B will sell it only to C, the condition is void and B takes full rights of the house.
Under Muslim law there are various kind of Hiba for example Hiba bil Iwaz, Hiba ba Shart ul Iwaz, Sadkah, Ariyat
