Gift Property law in Pakistan (Hiba law in Pakistan in urdu) (legal issues of gift)

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Gift is very important topic, because the are many court cases seen with regard to challenging of gift. If there are some legal defects in execution of gift, the Gift may be cancelled/revoked by the court. So to avoid this situation, all the legal formalities should be adopted when gifting out any property. The definition of gift is given in section 122 of Transfer of Property Act 1882 , which is as under:- “Gift” is the transfer of certain existing movable or immovable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee”. In section 123 of same Act, it has been told that how transfer is effected see the section:;- For the purpose of making a gift of immovable property, the transfer must be effected by a registered instrument signed by or on behalf of the donor, and attested by at least two witnesses. For the purpose of making a gift of movable property, the transfer may be effected either by a registered instrument signed as aforesaid or by delivery.Such delivery may be made in the same way as goods sold may be delivered. In this video, I have told you what what precautions should adopted when gifting out any property. In litigation, what the court may look into, I have also given you a Reference of Judgment of High Court. The person making the gift is called Donor (Wahib), the person in whose favour gift is being made is called Donee (mouhoob Elaih, the property which is being gifted out is called Gifted property / Gift House/ Gifted Plot (Mouhoba Jaidad). The deed in written form contaning the contents about gift is called Gift Deed (Hiba Nama). There are three (3) Essentials of gift (1) Offer (2) Acceptance (3) Delivery of Possession. These essentials should be completed at the time of gift. Furthermore therefore, should be two witnesses who may verify about the execution of gift deed (hiba nama). Through, an Oral gift can also be made, however, it is recommended to execute a registered Gift Deed to avoid litigation. According to sell settled proposition of law, the possession of gifted property should by the donor is to be handed over at the same time and moment when offer was made and it was accepted by the donee. As state above that the signature of donee is also required in Gift Deed, however, in Deed of Power of attorney, the signature of principle is required, and no signature of agent is required or expedient. In oral gift, the donee has to prove the time, date and place as to where the offer of gift was made to the donee which was accepted by the donee and how the deliver of possession was made. The provision about Gift has also been given in Muhammadan Law.