Rules for canceling heba or donation deed. Rules for canceling heba deed. What is heba? Simple la...

Dear viewers, in this episode, I have discussed, what is donation or gift? What are the conditions of gift? Who can you give to whom? How much does a gift document cost? And the rules for canceling a gift document. What is gift? When a Muslim transfers any property to another Muslim without any exchange, it is called gift. Three things are very important to complete gift-gift proposal, consent of the recipient and transfer of possession. Immovable or immovable property can be gifted. A healthy and adult person can give all or any part of his property to anyone. The right to enjoy the income of the property for life can be gifted. What is gift? According to the Transfer of Property Act of 1882, gift is the voluntary giving of any immovable or movable property to another without any price or exchange. The consent of the recipient is required for gifting. To donate immovable property, it must be done through a registered deed in the presence of at least two witnesses. Movable property can be transferred through registered deed or transfer of possession. Can Heba be cancelled? Heba can be cancelled before transfer of possession. Heba can be cancelled even after transfer of possession except in the following cases. However, in this case, a decree or order of the court will be required - 1. Gift by husband to wife or by wife to husband. 2. If there is an unmarried relationship between the donor and the recipient. 3. If the recipient dies. 4. If the property is transferred by the recipient by sale, donation or in any other way. 5. If the sale, the object is lost or destroyed. 6. If the value of the donated property increases. 7. Changing the nature of the property in such a way that it cannot be recognized. 8. If the donor has accepted any exchange. Heba Bil Awaz Heba in exchange for something is called Heba Bil Awaz. Its features are just like sale. Therefore, transfer of possession is not mandatory for performing Heba Bil Awaz. In this case, the exchange does not need to be reasonable or sufficient. In our country, a heba bill is often exchanged in exchange for a prayer mat or a verse of tasbih or a Quran. Since its characteristics are like a sale, property worth more than 100 taka has to be registered and premium can be made in terms of this heba. However, according to Sharia, the price of a prayer mat, tasbih or a Quran cannot be determined, so premium cannot be made in such an exchange. Heba or Shatt-ul-Ewaz There is another type of heba, which is called heba or shatt-ul-Ewaz. Heba with a condition of payment of exchange is called heba or shatt-ul-Ewaz. Heba or shatt-ul-Ewaz is basically a donation. For it to be executed, transfer of possession is necessary. It can also be canceled before the exchange is made. In this case, pre-emption does not apply. Donating property before death In the case of death-bed donation, proposal, consent and transfer of possession of the property are required as per the conditions of Heba. However, according to the rules of will, death-bed donation cannot be made more than one-third of the remaining property excluding burial expenses and debts and cannot be made to any heir. The mind of a person is very weak at the moment of death, so such a condition has been added to this donation. However, if after the death of the donor, his heirs agree to such donation by more than one-third or to the heirs, it will be valid. Taking a bed for the disease that causes death is the death bed. Fear of death is important here. It is believed that if one suffers from any disease for a year, there is no fear of death, so in that case, the question of Marj-ul-Mouth does not arise. In the case of Hebadan or Heba to a child who has not been born, the possession of the donated property has to be transferred immediately. Since it is not possible to transfer someone who is not born immediately, therefore, someone who is not born cannot be given a gift. There is no legal obstacle to giving a gift to a person of different religion. However, according to Islamic Sharia, a gift made by a Muslim to another Muslim is a gift; this gift can only be made between two Muslims. No written document is required for the transfer of the donated property. To transfer the donated property, the concerned officer can register it after confirming the transfer through possession, local investigation and questioning of witnesses. The best evidence of transfer of possession is the transfer of possession. Even if the transfer is mentioned in the document, it is not proof of transfer of possession. A certain Rafiqullah gave a gift of a property to his son's wife Nurjahan Begum through a written document in 1916. The land was not mutated until 1942. Rafiqullah died during the mutation proceedings. In this regard, the court ruled that the Heba was made, the recipient consented; however, the transfer of possession was not proven. After the Heba was made, Rafiqullah was in possession of the land and it was not possible to take act...