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Under Muslim personal law in India, an ordinary lifetime gift (hiba) can

A donor can make a valid hiba through a trust. The substantive requirements of a hiba still apply, including delivery of possession, which can be made to the trustee for the…

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Under Muslim personal law in India, an ordinary lifetime gift (hiba) can

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Answer and explanation

Correct answer A

A donor can make a valid hiba through a trust. The substantive requirements of a hiba still apply, including delivery of possession, which can be made to the trustee for the beneficiary. An ordinary lifetime gift through a trust requires neither prior court permission nor consent from the donor’s prospective heirs.

Option feedback

Option A

A gift may be made through a trust when the requirements of a valid hiba are met. Delivery of possession to a trustee for the beneficiary can complete that element.

Option B

A trust can serve as the means of making a gift when the requirements of a valid hiba are met.

Option C

Prior court permission is not a general requirement for making an ordinary lifetime gift through a trust.

Option D

Prospective heirs need not consent to a valid ordinary lifetime gift through a trust.

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