Wasiyat (Wills) and Hiba (Gifts) represent two primary methods for a Muslim to dispose of their property during life or post-mortem.
1. Wills (Wasiyat) under Muslim Law
A will under Muslim law does not require writing or a formal execution; an oral will is completely valid.
- The One-Third Limit Rule: A Muslim cannot bequeath more than one-third (1/3) of their net assets (after paying debts and funeral expenses) by will. Any bequest exceeding 1/3 is void unless consented to by the legal heirs after the death of the testator (for Sunnis) or during the lifetime (for Shias).
- Bequest to an Heir: A bequest in favor of a legal heir is void under Sunni law unless the other heirs consent to it after the testator's death. under Shia law, a bequest to an heir is valid up to 1/3 without consent.
2. Gifts (Hiba) under Muslim Law
Hiba is an immediate transfer of property made during the lifetime of the donor without any consideration. Under Section 129 of the Transfer of Property Act, Hiba is exempt from the general rules of registered gift deeds.
🔑 The Three Essentials of a Valid Hiba:
To execute a valid gift, three actions must take place:
To execute a valid gift, three actions must take place:
- Declaration (Ijab): Clear declaration of the gift by the donor.
- Acceptance (Qubool): Acceptance of the gift, express or implied, by or on behalf of the donee.
- Delivery of Possession (Qabza): The actual or constructive delivery of possession of the subject matter of the gift to the donee. A gift without delivery of possession is void.