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Will and Gift PDF

A will transfers rights to property upon the death of the testator, while a gift involves the immediate transfer of tangible property without consideration. The key differences between gifts and wills in Muslim law are: 1) A will takes effect after death, while a gift is completed during the donor's lifetime. 2) A will is conditional on death, but a gift takes place immediately. 3) A will can be revoked, while a gift is usually irrevocable after delivery. 4) There are more limitations on making a will, while gifting rights are unrestricted.

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1K views4 pages

Will and Gift PDF

A will transfers rights to property upon the death of the testator, while a gift involves the immediate transfer of tangible property without consideration. The key differences between gifts and wills in Muslim law are: 1) A will takes effect after death, while a gift is completed during the donor's lifetime. 2) A will is conditional on death, but a gift takes place immediately. 3) A will can be revoked, while a gift is usually irrevocable after delivery. 4) There are more limitations on making a will, while gifting rights are unrestricted.

Uploaded by

Ali Arslan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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What is the difference between a

will and a gift in Muslim law?

Definition of will:
Baillie:
A will a conferment of rights property in a
specific thing or a profit or an adVantage or
in graVity to take effect on the death of the
testator.
Fatawa alamgiri:
Will is a legal declaration of the intention
of a testator with respect to his property
which desires to be carried into effect his
death.

Definition of gift (Hibba):


Hedaya:
A hibba is a transfer of Tengible property
without consideration.
Fyzee:

2
It is the immediate and unqualified transfer
of the corpus of the property without any
return.

Difference between gift and will:


I. As to completion:
Will is aecuted after the death of the
testator.
Gift is completed during the life time of the
donor.
II. As to condition:
Will is dependent upon a condition i.e. the
death of the testator.
Gift is operated immediately.
III. As to reVocation:
Will can be reVoked at any time before the
death of testator.
Gift after the deliVery of the possession is
usually irreVocable.
IV. As to limitation:
In will the right of making a will is limited in
two ways.

3
In gift the right of donor to gift is
unrestricted.
V. As to existence of subject matter:
It is not necessary that subject matter of
the will must be exist at the time of making
will.
The subject of gift must be in existence at
the time of making gift.
VI. As to deliVery of possession:
DeliVery of possession is not required in the
will.
In a gift there must be deliVery of the
possession of the property to the donee.
VII. As to doctrine of mushaa:
The doctrine of Mushaa has no application
in case of will.
The doctrine of Mushaa is applicable in
case of gift.
VIII. As to acceptance:
In will acceptance by the legatee in not
necessary.
In gift acceptance by the legatee in

4
necessary.
IX. As to registration:
Registration of will is optional.
Gift must be registered under the
registration act.
X. As to insanity:
The subsequent insanity of the testator
makes the will Void.
Gift after the deliVery of the possession is
irreVocable on the ground of insanity.
XI. As to consideration:
A will is always without consideration.
In some case there is consideration in gift.

The gift is the transfer of property which is


made immediately and without any
exchange by one person to another will is
dependent upon a condition lies the death
of the testator. the gift and will are two
different things under Islamic law.

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