Tuesday, February 27, 2024

๐—๐˜‚๐—ฑ๐—ถ๐—ฐ๐—ถ๐—ฎ๐—น๐——๐—ฟ๐—ฒ๐—ฎ๐—บโ„ข

๐™ฐ๐™ต๐™ต๐™พ๐š๐™ณ๐™ฐ๐™ฑ๐™ป๐™ด & ๐™ฐ๐™ฒ๐™ฒ๐™ด๐š‚๐š‚๐™ธ๐™ฑ๐™ป๐™ด

MODEL ANSWERMUSLIM LAW

HIBA & HIBA BILIWAZ

Discuss the difference between Hiba and Hiba-biliwaz.

The main points of difference between Hiba and Hiba-bil-iwaz are as follows:-

HibaHiba-bil-iwaz
According to Muslim law, in case of Hiba the ownership in property is transferred without any consideration.Whereas, in case of Hiba-bil-iwaz, the ownership in property is transferred for consideration.
According to Muslim law, in case of Hiba, delivery of possession is a condition precedent for the validity of gift.Whereas, in case of Hiba-bil-iwaz, delivery of possession is not essential.
According to Muslim law, in case of Hiba, gift of mushaa where a property is divisible is invalid.Whereas, in case of Hiba-bil-iwaz, gift of mushaa is lawful even where the property is divisible.
According to Muslim law, in some case, the transaction of gift is revocable.Whereas, the transaction of Hiba-bil-iwaz becomes irrevocable from the moment when it is made.
According to Muslim law, if a donor gives the property without any consideration that is purely known as gift.Whereas, in Muslim law, the transaction of Hiba-bil-iwaz is considered like a contract of sale.
According to Muslim law, there is no need to register the transaction of gift either of movable property or an immovable property.Whereas, in India, hiba-bil-iwaz is considered like a contract of sale. So, if the gifted property is of Rs. 100 or more then it is essential to get it registered.


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