INTRODUCTION:In Pakistan the subject of gifts is governed by the Transfer of Property Act, but the provisions of this Act do not apply to the Mohammedans. Gifts made by a Mohammedans are still governed by their personal law. In Mohammedan Law, the term hiba is used for gifts. A Mohammedan has full power of disposing his own property by way of gift even if disinheriting his heirs.2. MEANING:A gift is a transfer of property (movable or immovable) or right by one person to another. The dictionary meaning of the term “gift” -is “some present”.’ Section 122 of the Transfer of Property Act, 1882, defines it as:“A gift is a transfer of certain existing movable or immovable 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.”Generally the terms “gift” and “hiba” are simultaneously used. The terms “hiba” is only one kind (with others) of transactions which are included under the general terms “gift”. Under Mohammedan Law, the term “Hiba is often used for the term “Gift”3. DEFINITIONS A Hiba is an immediate transfer of ownership of some movable property or right by the one person to another without any consideration.

Leave a Reply

Your email address will not be published. Required fields are marked *