contended that Ex.A-1 hiba was not acted upon by the parties, and that it is not a valid document under the Mahomedan ... future is not a valid one. In other words, a gift to an unborn person is not a valid HIBA under Mahomedan
Hiba must be satisfied. Consequently, I hold
that the oral Hiba on 29.01.1991 does not confirm to the conditions of a
valid Hiba ... that the alleged
Hiba effected on 29.01.1991 does not satisfy the ingredients of a valid
Hiba. This finding would cover the substantial questions
plaintiff's case, as the mandatory requirements of a valid Hiba have
not been proved on record.
38. In the present case, the plaintiff ... gift, and the essential ingredients of a valid Hiba, namely declaration,
acceptance and delivery of possession, have not been duly
established. The reliance placed
plaintiff is not valid, since the plaintiff is not in possession of the suit
schedule property. The three pillars of a valid Hiba in Muslim ... there was a valid Hiba, a party claiming Hiba should prove
the existence of the three pillars of a valid gift (Hiba), namely,
declaration, acceptance
cultivating tenant. He
would further plead that the alleged hiba is not valid, and as he is in the
possession of the property, the plaintiff ... lower Appellate
Court come to the conclusion that the Hiba is not valid in law ?
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suport of that contention. He therefore contended that when the Hiba is not valid as it was not accepted by a proper person, the sons ... sharers under the said document. Therefore, even accepting that Hiba is not valid considering the fact that the respondents 1 and 2 purchased the property
that said Hiba has not
been validly executed, it has not been accepted. The
vital ingredients of possession has not been delivered
to Abdul Khaleem ... which no possession
was delivered, the requisite conditions for valid Hiba
are not complied.
22. Before appreciating the oral and documentary
evidence on record
that said Hiba has not
been validly executed, it has not been accepted. The
vital ingredients of possession has not been delivered
to Abdul Khaleem ... which no possession
was delivered, the requisite conditions for valid Hiba
are not complied.
22. Before appreciating the oral and documentary
evidence on record
debt, does not pass a valid title in her favour in as much as such a transaction is not a true Hiba-bil-Ewaz ... required for a simple hiba to be valid, but where a transaction fails as a hiba-bil-ewaz for not being evidence
which would govern a valid oral Hiba. The Learned Counsel wanted to urge that the requisite formalities have not been duly complied with ... that therefore, the case of the landlord for a valid oral Hiba could not have been accepted. It is also, an endeavour on the part
