Course Content
Syllabus Visualization:
To visualize the entire Family Law-II syllabus for your final revisions, the heavy theoretical concepts are translated into linear, text-based mind maps.
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Visualizing the syallabus:
UNIT-I: Foundations, Marriage, and Dower
The transition from pre-Islamic customs to a structured contractual legal system.
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Sources of Muslim Law:
Schools of Islamic Jurisprudence: Sunni & Shia
Conversion to Islam and its Legal Effects:
The Nature and Essentials of a Valid Marriage (Nikah):
Dower (Mahr): Origin, Nature, and Classification:
The Muslim Women (Protection of Rights on Marriage) Act, 2019: Criminalization of Triple Talaq:
UNIT-II: Divorce and Maintenance
The mechanisms for marital dissolution and the statutory battle for financial security.
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Modes of Divorce: Talaq by Husband, Delegated Divorce, and Mutual Consent
Legal Consequences of the Dissolution of Muslim Marriage
Principles of Maintenance (Nafaqa) under Muslim Law
Maintenance Rights of Muslim Women: Section 125 CrPC vs. The 1986 Act
UNIT-III: Parentage, Guardianship, Gifts, and Wills
The structure of the family unit and the rules governing voluntary property transfers.
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Legal Foundations of Parentage: Maternity, Paternity, and Acknowledgment (Iqrar)
Minority and Welfare: The Dual Concepts of Guardianship (Wilayat) and Custody (Hizanat)
The Doctrine of Hiba: Essentials, Procedures, and Classifications of Gifts
The Law of Wills (Wasiyat): Testamentary Power and Legal Restrictions
UNIT-IV: Waqf and Succession
The permanent dedication of property to the Almighty and the rigid mathematical distribution of an estate.
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The Law of Waqf: Dedication, Classifications, and Statutory Administration
The Office of Mutawalli: Management, Duties, and Removal
The Law of Waqf: Dedication, Classifications, and Statutory Administration
Estate Administration and the Legal Principles of Succession
UNIT-V: Secular and Christian Laws
Territorial jurisdiction, secular exits from personal law, and the linear Christian succession model.
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The Special Marriage Act, 1954: Secular Framework and Legal Consequences
The Law of Domicile: Legal Status, Essentials, and Classification
Christian Matrimonial Law: The Indian Divorce Act, 1869 and Modern Reforms
Christian Succession Law: Principles of Intestate Succession under the ISA, 1925
Christian Intestate Succession: Rules of Distribution and Legal Shares
REVISION TRACKER: FAMILY LAW-II
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UNIT-I: Foundations, Marriage, and Dower
UNIT-II: Divorce and Maintenance
UNIT-III: Parentage, Guardianship, Gifts, and Wills
UNIT-IV: Waqf and Succession
UNIT-V: Secular and Christian Laws
Quick-reference guide for final revisions.
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Quick-reference guide for final revisions.
Family Law II

Q3. Define “Hiba” (Gift). Discuss the essential requisites, formalities, and kinds of gifts. When can a valid gift be revoked?

  1. Definition of Gift (Hiba)

A Hiba is the immediate, unconditional, and absolute transfer of the ownership of property by one living person (Donor) to another (Donee) without any consideration (Iwaz).

  1. Requisites of a Valid Gift

In Maqbool Alam v. Khodaija (1966), the Supreme Court reiterated the “Three Pillars” of a valid Hiba:

  1. Declaration (Ijab): Clear and unambiguous expression by the donor to transfer the property.
  2. Acceptance (Qubul): Acceptance of the gift by or on behalf of the donee.
  3. Delivery of Possession (Kabza): The donor must completely divest themselves of all ownership and physical control. For immovable property, this means handing over keys or mutating the name in revenue records.
  1. Formalities of a Gift

Unlike the Transfer of Property Act (TPA), which requires written and registered documents for immovable property, Section 129 of the TPA specifically exempts Muslim gifts. An oral Hiba of immovable property is perfectly valid provided the three requisites (Ijab, Qubul, Kabza) are strictly followed.

  1. Kinds of Gifts
  • Hiba (Pure Gift): No consideration involved.
  • Hiba-bil-Iwaz (Gift with Return): A transaction made up of two mutual gifts. It functions like a sale. (e.g., Husband gives property to wife, wife releases her Dower debt in return). Once completed, it is irrevocable.
  • Hiba-ba-Shart-ul-Iwaz (Gift with a Stipulation for Return): A gift where the donor stipulates that the donee must give something in return. It remains a pure gift until the return is made, after which it becomes irrevocable.

 

  1. Revocation of Gift
  • Before Delivery of Possession: Can be revoked at any time by the donor simply declaring so.
  • After Delivery of Possession: Can only be revoked by a Decree of the Court. However, certain gifts are absolutely irrevocable after delivery:
    • Gifts between husband and wife.
    • Gifts between persons related within prohibited degrees of consanguinity (e.g., father to son).
    • When the donee or donor dies.
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