Oral Hiba

Hello sir/ma'am,

Your query seems to be regarding Hiba(gift/transfer of property).

The Muhammadan Law defines the Hiba or gift as a transfer of a determinate (amount of)
property without any exchange from one person to another, and accepted by or on behalf of
the latter. It is clear that under Muslim law, a gift is called Hiba. When a Muslim transfers his property
through gift, the transfer is called Hiba. The religion of the person to whom the gift is made,
is not relevant. If the transferor is Muslim, the gift is Hiba. Thus, where a Muslim makes a
gift of his properties in favour of a Hindu, the gift is nonetheless a Hiba. In India, the subject
of gifts is governed by the Transfer of Property Act, 1872. Chapter VII of this Act is
applicable to gifts made by any person in India, irrespective of religion, caste or creed. But,
Chapter VII of the Transfer of Property Act does not apply to Muslim gifts or the Hiba.

Essentials of a Valid Hiba are - 
1. Qualifications for the Parties
2. Subject matter of a Hiba
3. Formalities of a Hiba

Subject matter of Hiba - A Muslim can make a Hiba of the whole of his/her property. Every form of property or right
which has some legal value may be the subject-matter of a Hiba.14However, the property
must be transferable under Section 6 of the Transfer of Property Act, 1882. As a matter of
fact, any property (mal) over which ownership may be exercised, may be transferred through
a gift. Tangible as well as intangible property may be the subject matter of a gift. Whatever is
mal according to Muslim jurisprudence can be lawfully subjects of gifts at Muslim law.

Formalities of Hiba - 

Under the Muslim law, for the validity of a gift, the following formalities must be complied
with :
i. Clear and unequivocal declaration by the donor: Such declaration of intention must be bona fide.15 Such declaration may be made orally or by writing a deed. So, yes, Hiba can be made orally.
ii. Acceptance by the donee
iii. Delivery of possession.

Hope this was helpful to solve your query!

Regards

Vrinda Malik