Under Muslim law, a gift (Hiba) of immovable property is:
Under Muslim personal law, the three essentials of a valid gift (Hiba) are declaration of gift by the donor, acceptance by the donee, and delivery of possession. Section 129…
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Under Muslim law, a gift (Hiba) of immovable property is:
Answer and explanation
Correct answer B
Under Muslim personal law, the three essentials of a valid gift (Hiba) are declaration of gift by the donor, acceptance by the donee, and delivery of possession. Section 129 of the Transfer of Property Act, 1882 expressly exempts gifts made under Muslim law from the requirement of a registered instrument attested by two witnesses under Section 123 of that Act. As held by the Supreme Court in Hafeeza Bibi v. Shaikh Farid (2011) 5 SCC 654, writing and registration are not essential to the validity of a gift of immovable property under Muslim law.
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