Mohammedan Law makes a distinction between Hiba (gift pure and simple) and Hiba-bil-Iwaz (gift for consideration). According to the original concept ... sale and cannot be held as a Hiba (gift pure and simple) or even a Hiba-bil-Iwaz (gift for consideration) according to the original
gift in favour of the appellant was a mere hiba and not hiba-bil-iwaz, Hamid Ali was entitled to revoke it by mere declaration ... question, however, is whether the gift was a hiba or a hiba-bil-iwaz. It purports to have been made in favour of Someshwar
defendant. On the 7th September 1907 Dapu. executed a hiba-bil-iwaz in favour of the defendant and had the document registered seven days later ... 23rd November 907. The case for the plaintiff is that this hiba-bil-iwaz is inoperative and did not create any valid title
arguments in this case. The learned Counsel contended that the 'hiba-bil-iwaz' pleaded in this case is in reality a sale ... which the following passage occurs:
Hiba-bil-iwaz means, literally gift for an exchange; and it is of two kinds, according as the iwaz
registered deed of Hiba dated 23.05.1984 and the
remaining two cents by virtue of a registered deed of hiba-bil-iwaz
dated 05.11.1986, in favour ... transpires that
Sk. Md. Rajesh obtained the suit property through hiba and hiba-
bil-iwaz being executed by his grand-mother namely Asia Bibi
decreeing the suit in preliminary form holding the registered hiba-bil-
iwaz executed on 08.09.1993 as void. He has further submitted that no
such prayer ... behalf of the respondents/plaintiffs seeking
declaration of the said hiba-bil-iwaz as void. The Ld. Counsel has further
submitted that the Ld. Trial
unsuccessful in both Courts below. His client had
sought cancellation of hiba-bil-iwaz dated 31 st May,
1974 executed by defendant ... case is
that the dowry was paid immediately. Hence, the
hiba-bil-iwaz was fraudulently executed to deprive
appellant from benefit of the subsequent sale
Digest of Mahommedan Law, (Edn. 2, p. 122) :
" Hiba-bil-Iwaz means, literally, gift for an exchange; and it is of two kinds, according ... original gift, and second, the Iwaz, or exchange, But in the Hiba-bil-Iwaz of India, there is only one act--the Iwaz, or exchange
that the gift in lieu of
dower or Hiba-bil-iwaz would require compulsory registration. At the
outset, it is the Registration ... There is no mention in Section 17 about oral gift or
Hiba-bil-iwaz. Gift made orally or Hiba-bil-iwaz and not by instrument
subject matter of gift by the donor to the donee. Hiba-bil-iwaz or gift with exchange as distinguished from a hiba or simple gift ... this case is not a pure and simple hiba but a hiba-bil-iwaz, that is a gift for consideration and amounts to sale
