Which one of the following is not essential for a Valid Hiba (gift) under the Muslim Law ?

Declaration of gift
Acceptance of gift
Delivery of possession of the property by the donor to the donee
Written documentary proof of the gift

The correct answer is (d). Written documentary proof of the gift is not essential for a valid hiba (gift) under the Muslim Law.

Hiba is a voluntary transfer of ownership of a property without any consideration. It is a contract between the donor and the donee. The essential elements of a valid hiba are:

  1. Declaration of gift by the donor.
  2. Acceptance of gift by the donee.
  3. Delivery of possession of the property by the donor to the donee.

The written documentary proof of the gift is not an essential element of a valid hiba. However, it is advisable to have a written document to avoid any disputes in the future.

The following are some of the benefits of having a written document for a hiba:

  • It provides evidence of the gift.
  • It can help to avoid disputes.
  • It can be used to register the gift with the government.
  • It can be used to transfer the ownership of the property to the donee after the death of the donor.
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