Gifts (Hiba) in Islamic Lawyer in Karachi

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This case involved the validity of an oral gift of property. The plaintiff claimed ownership based on an alleged oral transfer from his father; the defendant denied this claim, citing a registered sale deed as evidence that this gift was invalid. To be valid, any gift must include three essential components: offering, acceptance and delivery of possession. Furthermore, according to court precedent a transfer could take place verbally without needing to be witnessed or recorded in writing.

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This case dealt with the legality of a transaction claimed by defendants to be a gift (Hiba) exempt from pre-emption. The court determined that defendants did not meet essential elements for Hiba gifts such as offer, acceptance and transfer of possession; additionally they failed to prove the transfer was free and voluntary without coercion or undue influence from either side.

Transparency in Fees

Case Description This matter concerned a dispute regarding an oral gift of land by defendants who claimed that it constituted a Hiba transaction exempt from pre-emption. However, court found that they failed to establish all the elements required of a valid Hiba agreement such as payment of consideration and bona fide intent to divest property; date, time, place, informer of gift offer etc; evidence regarding Yadashat Hiba was vague and general with discrepancies between written document and oral testimony regarding its validity.

The court further clarified that a Hiba must be free of consideration and contain specific parameters, while being unfettered by coercion or undue influence, with ownership transferred directly from donor to donee in presenti. Furthermore, when creating Roznamcha Waqiatis the donor must be present when Roznamcha Waqiati are made and present when attesting the mutation on behalf of donees.

Reputation

In this case, the dispute centered around the division of property among legal heirs. The plaintiff claimed they had been disinherited due to defendants’ claim for Hiba; however, the court upheld concurrent findings by lower courts that disproved his contentions.

Courts emphasize the significance of strong evidence and meticulous documentation when asserting property rights or challenging transactions in court. While proof lies with those asserting or challenging them, when challenged in litigation the burden shifts onto them to prove legitimacy of said transactions. Furthermore, this case also illustrates how crucial it is to provide specific dates when parties possess knowledge of an unfavorable transaction when filing pre-emption suits in order to calculate preemption timeframes accurately; without this information it may become difficult calculating preemption timeframes accurately enough in order to ensure validity of claims as well as distinguish between corpus and usufruct.