View Full Version : Discuss briefly the gift under what circumstances a doner can revoke a gift. (1997)

09-04-2012, 04:22 PM
Q. What is gift. what are the three conditions for the validity of a gift. (1998) (2001)
Q. What is gift? what are the essentials of a gift. (1999)(2002)(2005)
Q. Define 'Hiba' under what circumstances a donor can revoke a Hiba. (2000/S)
1. Introduction:
A gift is a transfer of property made immediately and without any exchange by one person to another and accepted by or on behalf of another. a Muhmmadan may may dispose of his whole property. the person who makes gift is called doner and to whom gift is made is called donee.
2. Meaning:
Gift or Hiba means denotion of a thing from which the donee may get benefit.
3. Definition of gift:
A hiba is a transfer of Tengible property without consideration.
It is the immediate and unqualified transfer of the corpus of the property without any return.
4. Kinds of gift:
Following are the kinds of gift.
(i) Hiba
(ii) Hiba bil iwaz.
(iii) Habi-be-Shart ul iwaz.
(iv) A Sadaqah
(v) Areet.
5. Persons who can make gift:
Every Muslim of sound mind and age of majority is entitled to make gift.
(i) Minor
(ii) Unsound mind.
6. Extent of doner's power:
A person under Islamic law may dispose of his whole property in favour of a stranger or to any heirs.
7. Persons in whose favour hiba or gift can be made:
A hiba can lawfully be mind in favour of any of the following.
(i) Natural persons.
(ii) Artificial persons.
(iii) Heirs
(iv) Insance persons
(v) Any person
8. Persons in whose favor hiba or gift cannot be made:
Hiba or gift can not be made in favour of the following.
(i) Unborn child.
(ii) Dead person.
A widow can make hiba of her dower in favour of her deceased husband.
9. Essentials of a valid gift:
(i) Subject of gift must belong to doner.
(ii) Subject of gift must be in existence.
(iii) Doner must make by his free will.
(iv) Acceptance by donee.
(v) Delivery of possession of the subject matter.
10. Tree conditions for validity of a gift:
Following are the three conditions for validity of a gift.
(i) Declaration
(ii) Acceptance
(iii) Delivery.
I. Declaration:
There should be a declaration of a gift by the doner.
II. Acceptance:
There should be an acceptance of the gift, express or implied by or on behalf of the donee.
III. Delivery:
There should be delivery of possession of the subject of the gift by the donor to the donee.
11. Fift of Mushaa:
A valid gift may be made of an undivided share in property either moveable or immovable.
Mushaa is an undivided share in property.
Case law:
Ghulam Haider V/S Fteh Ali P. L. D 1993
It was held conditions necessary for validity of disposition of property are majority, understanding, freedom and ownership of the subject of the disposition.
Case law:
Raj Hussain V/S Fazal Hussain 1972 SCMR 262
Gift become complete on the transfer of possession.
12. Registration of gift:
Registration of deed of gift does not cure the want of delivery of possession. it is an evidence of the execution.
13. Cases where transfer of possession of gift is not necessary:
Following are the cases when transfer of possession of gift property is not necessary.
(i) No transfer of possession is required when father gifts his property to his minor child.
(ii) No transfer is required when guardian gifts to his ward.
(iii) Where the gift is already in the possession of donee.
(v) Where the property is no rent or lease and by transfer of title deed of such property.
14. Revocation of gift:
The gift can be revoked by the doner in the following way.
(i) Before delivery of the possession.
(ii) After delivery of the possession.
I. Before delivery of the possession:
A gift may be revoked by the doner at any time before delivery of the possession, because before delivery there is no gift at all.
II. After delivery of the possession:
A doner can even after the delivery of the possession of the property can revoke the gift.
It can be revoked by the followings ways.
(i) With the mutual consent of the parties.
(ii) By a decree of the competent court.
15. Circumstances when gift can not be revoked:
Under following circumstances gift can not be revoked.
(i) Death of the doner.
(ii) Death of the donee.
(iii) Where a gift is made to a person related to the doner with in prohibited degree.
(iv) Gift between spouse.
(v) Increase in value of the gift.
(vi) Destruction of the subject matter of the gift.
(vii) Destruction of the identity of the gift.
(viii) Where doner has received consideration for gift.
(ix) Where the purpose of the gift is Sadqa.
16. Conclusion:
To conclude I can say that, the gift is a contract consisting of a proposal or offer on the part of the doner to give a thing and acceptance of it by the donee. so it is a transfer of property immediately and without any exchange. there must be clear intention by he doner to transfer the possession to the doner for a valid gift. if can be revoked by the doner.