Things can get a little complicated regarding the Hiba law in Pakistan. The concept of Hiba is based on Islamic law and revolves around the idea of gift-giving. In theory, Hiba is a way to transfer property from one person to another without any monetary exchange. However, in practice, the application of Hiba law can be a bit more complicated than that. This post will explore some of the basics of Hiba law in Pakistan and discuss the potential implications for those considering using this legal mechanism to transfer property. Also read Corporate Law and Lawyer in Pakistan
If you are looking for a comprehensive guide to Hiba law in Pakistan, you have come to the right place. We will discuss all of the essential aspects of Hiba law in Pakistan. And also, we will answer common questions about Hiba law.
What is Hiba law in Pakistan?
Hiba law in Pakistan is a branch of Islamic jurisprudence that deals with the transfer of ownership of property. The word “Hiba” means “gift” in Arabic. In Pakistani law, Hiba refers to gifting property to another person. Hiba law is codified in the Pakistani Civil Code.
What is the difference between Hiba al-mutlaq and Hiba al-mu’ayyan?
Under Pakistani law, there are two types of Hiba: Hiba al-mutlaq and Hiba al-mu’ayyan. The main difference between Hiba al mutlaq and Hiba al mu’ayyan is that Hiba al-mutlaq is an irrevocable gift that cannot be changed or canceled. Hiba al-mu’ayyan, on the other hand, is a revocable gift that can be changed or revoked at the discretion of the giver.
Who can make a gift(Hiba)?
In Pakistani law, any Muslim person of sound mind capable of making a contract can make a gift. A non-Muslim person cannot make a gift under Pakistani law.
What property can be gifted under hiba law in pakistan?
Any property, including real estate, personal property, or intangible property, can be gifted under Pakistani law.
How is a gift made?
To make a valid gift under Pakistani law, the following elements must be present:
- The giver must have the intention to make a gift.
- The property must be transferred from the giver to the recipient.
- The recipient must accept the gift.
A good gift has been made if all of these elements are present.
Who can receive a gift?
Giving a gift of property is not limited to blood relations or legal entities. One can give their land, house, or even an entire plot of land for any reason they choose- whether it’s because you’re looking forward to starting your own business someday soon and need some space; or want someone special in life with all sorts benefits including financial security -to make them happy every day.
Rights of the Donor
Whether they are executing a gift deed for cash or real estate, the donor must disclose all ownership rights once the recipient accepts their property. For transfer of possession, someone must give away what minor theretofore possess. If not, there won’t be an effective registration on file with government authorities which means any warranties will also require dissolution upon acceptance.
What are the requirements for a valid Hiba in Pakistan?
Specific requirements must be met for hiba law in pakistan. First, the property must be validly owned by the giver. Second, the gift must be made voluntarily and without coercion. Third, the contribution must be accepted by the recipient. Fourth, the facility must be for a lawful purpose.
For a hiba to be valid in Pakistan, the following requirements must be met:
- The gift must be made voluntarily and without coercion.
- A capable person must make the facility of sound mind.
- The recipient must accept the gift.
- The gift must be for a lawful purpose.
- The facility must be within the donor’s capacity to give.
The way of registering Hiba in Pakistan
A gift deed is a legal document that allows you to transfer property ownership without receiving any compensation. In Pakistan, registering a gift deed is relatively simple and can be completed in days. First, you will need to obtain a copy of the deed from the District Recorder of Deeds office. Once you have the deed, you will need to take it to the offices of the Sub-Registrar in your district. At the Sub-Registrar’s office, you will be required to provide your identity documents and proof of residence. You will also need to pay a small fee for the registration process. Once the registration is complete, you will receive a certified copy of the deed, which you can then use to transfer ownership of the property. Gift deeds are an efficient way to transfer property ownership in Pakistan and can be completed with relative ease.
Limitations on Gifting
The general rule is that there are no limits on the amount of property that can be gifted. However, there are some exceptions to this rule. For example, under Pakistani law, a person cannot give more than one-third of their property to charitable organizations. Additionally, a person cannot gift all of their property to charity.
A person cannot make a gift that would result in their family’s lack. Finally, a person cannot make a gift that would be illegal under Pakistani law.
What are some common questions about Hiba law in Pakistan?
Here are some common questions about Hiba law in Pakistan:
What are the consequences of an invalid hiba?
If a hiba is invalid, the property will revert to the giver. The recipient will not have any ownership rights to the property.
- The giver may be liable for any damages caused by the invalid gift.
- The recipient may be required to return the property to the giver.
- The gift may be voidable at the discretion of the court.
Therefore, it is essential to ensure that all of the requirements for a valid gift are met before making a gift.
Can a hiba be made for an unlawful purpose?
No, a hiba cannot be made for an unlawful purpose. If a hiba is made for an illegal purpose, it will be void, and the property will revert to the giver.
Can a hiba be revoked?
Yes, a hiba can be revoked if it is a hiba al-mu’ayyan. A hiba al-mutlaq, on the other hand, is irrevocable and cannot be revoked.
CONCLUSION
Hiba law in Pakistan is a complex and nuanced area of law. In this blog post, we have only scratched the surface of this topic. If you have any questions about Hiba law in Pakistan, we recommend that you consult with a qualified Islamic lawyer.
We hope you found this blog post helpful. If you have any questions, please feel free to comment below. Thanks for reading.
