How to Do Hiba in Bangladesh

How to Do Hiba in Bangladesh

Hiba, or gift under Muslim law, refers to the voluntary transfer of property or ownership from one person to another without consideration. In Bangladesh, Hiba is governed by Islamic personal law and relevant property laws. It is a common method used for transferring property among family members during the lifetime of the donor.

Legal Essentials of a Valid Hiba

Under Muslim law, a valid Hiba must fulfill the following three essential elements:

1. Declaration of Gift (Ijab)
   The donor must make a clear and unequivocal declaration of the gift.
2. Acceptance of Gift (Qubul)
   The donee must accept the gift during the lifetime of the donor. Acceptance can be express or implied.
3. Delivery of Possession (Qabza)
   Actual or constructive delivery of possession must take place, especially in the case of immovable property. The donor must give the donee the right to use and control the property.

These three elements must occur in one sitting (Majlis) and be completed without delay.

Hiba of Immovable Property

In Bangladesh, Hiba of immovable property such as land or buildings is valid under Muslim law once the essential conditions are met. However, for legal enforceability and protection, registration under the Registration Act, 1908 is strongly advised.

Documentation Required:

• Title deed of the property
• National ID cards of donor and donee
• Passport-sized photographs
• Proof of possession
• Mutation documents (if available)

Recommended Process:

1. Draft a Hiba Nama (Gift Deed) clearly stating the donor’s intent, details of the property, and donee’s acceptance.
2. Register the Hiba Nama with the Sub-Registrar’s Office under Section 17 of the Registration Act, 1908.
3. Apply for mutation of the property in the name of the donee with the local land office to update the records.

Though registration is not mandatory under Muslim law for validity, it is necessary under statutory law for the transfer of legal title.

Hiba to Minor or Female Donees

• If the donee is a minor, a guardian may accept the gift on their behalf.
• A gift to a female donee is valid and follows the same rules, including delivery of possession.

Revocation of Hiba

Under general Muslim law:

• A Hiba can be revoked by the donor before delivery of possession.
• After possession is delivered, revocation is not allowed unless consented to by the donee.

However, under Shia law, revocation is allowed even after possession unless the gift is made to a relative within the prohibited degree (mahram) or for consideration (hiba bil iwaz).

Taxation and Registration Fees

In Bangladesh, Hiba deeds are subject to:

• Stamp duty under the Stamp Act, 1899
• Registration fees under the Registration Act, 1908

These vary based on the value of the property and the location. Reduced fees may apply when the donee is a close relative.

Hiba vs Will

• A Hiba takes effect during the lifetime of the donor and is irrevocable after possession.
• A Will (Wasiyat) takes effect only after the death of the testator and is limited to one-third of the property unless consent is given by heirs.