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2. Meaning:
Gift or Hiba means denotion of a thing from which the donee may get benefit.
3. Definition of gift:
Hedaya:
A hiba is a transfer of Tengible property without consideration.
Fyzee:
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.
Disqualifications:
(i) Minor
(ii) Unsound mind.
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.
Mushaa
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.
Registration of deed of gift does not cure the want of delivery of possession. it
is an evidence of the execution.
(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.