Forum > Civil Law & Land Disputes > Is oral gift (Hiba) of property legally valid in Islam?

Is oral gift (Hiba) of property legally valid in Islam?

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Posted by Legal Seeker 7/17/2026, 7:15:51 PM
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My late father gifted a house to me orally in the presence of witnesses but did not register any gift deed. Now my brothers are demanding their share. Is an oral Hiba valid under Pakistani law?

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Admin 7/17/2026, 7:15:51 PM

Under Muslim Personal Law, an oral gift (Hiba) is completely valid if three ingredients are met: (1) Declaration of gift by the donor, (2) Acceptance by the donee, and (3) Delivery of physical possession of the property. Under Section 129 of the Transfer of Property Act, registered deeds are not mandatory for oral gifts under Muslim Law, but you must prove possession and witnesses in court.