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:-
Hiba | Hiba-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. |