An adult Muslim donor with legal capacity orally gives a house they own to another person under Muslim…
Section 129 of the Transfer of Property Act preserves the relevant Muslim-law rules. The Supreme Court identifies declaration by the donor, acceptance by the donee and…
Choose your answer
An adult Muslim donor with legal capacity orally gives a house they own to another person under Muslim personal law. The donee accepts the gift and receives possession. Is any further formality required for validity?
Answer and explanation
Correct answer C
Section 129 of the Transfer of Property Act preserves the relevant Muslim-law rules.
The Supreme Court identifies declaration by the donor, acceptance by the donee and delivery of possession as the essentials of a valid oral hiba.
When those requirements are fulfilled, writing and registration are unnecessary for validity.
Option feedback
Option A
A valid oral hiba does not require a registered instrument.
Option B
The oral gift does not require a written or attested instrument for validity.
Option C
Declaration, acceptance and delivery of possession complete a valid oral hiba without a written or registered instrument.
Option D
A court confirmation order is not a condition for a valid oral hiba.
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