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Family and Personal Laws — Muslim Law — Gift — Hiba-bil-musha

A hiba of an undivided share in property which is capable of division is invalid. Exceptions to the rule are: where the gift is made by one co-heir to the other; where the gift is of share in a zamindari or taluka; where gift is of a share in freehold property in a large commercial town, and where gift is of share in a land company. While gift of immovable property is not complete unless the donor parts with the possession and donee enters into possession but if the property is in occupation of tenants, gift can be completed by delivery of title deed or by request to tenants to attorn to the donee or by mutation. Gift of property which is capable of division is irregular but can be perfected and rendered valid by subsequent partition or delivery. [Khursida Begum v. Mohd. Farooq, (2016) 4 SCC 549]
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