Property and inheritance · For citizens
A gift of land needs three things.
In short
Offer, acceptance and possession. Miss one and there is no gift, says the Supreme Court. And a gift that cuts out heirs has to be proved to the hilt.
By the FAI Legal editorial desk · 10 October 2026 · 11 slides · 2 min read
Myth or fact?
What families assume.
- Myth: Abba signed the gift papers. The land is mine now.
- Fact: A valid gift comes into existence only when all three ingredients are complete (2023 SCMR 2012, Supreme Court).
The three ingredients.
Miss one and there is no gift.
- OfferA clear declaration of gift by the donor.
- AcceptanceBy, or on behalf of, the donee.
- PossessionDelivered in pursuance of the gift (2023 SCMR 2012).
Quick quiz. No deed at all.
Guess first, then swipe for the answer.
- A. No, a gift must be registered
- B. Yes, if all three ingredients are proved
- C. Only if the daughters sign
Answer: B. Oral gift is valid.
Any Muslim can make a valid gift orally; writing is only proof (2023 SCMR 2012).
“Nothing in this Chapter relates to gifts of moveable property made in contemplation of death, or shall be deemed to affect any rule of Muslim law.”
Transfer of Property Act, 1882 · Section 129, Saving of Muslim law
Changed his mind?
Possession is the point of no return.
- Before possessionA gift can be revoked only before delivery of possession (s.167, Muhammadan Law, as applied in 2023 SCMR 2012).
- After possessionOnce all three ingredients are complete, the gift exists (same case).
A gift that cuts out heirs.
The Supreme Court's checklist, 2025.
- Heavy onusThe person who benefits must prove the gift.
- All threeOffer, acceptance and delivery of possession, pleaded and proved.
- Oral giftTime, date, place and witnesses must be stated in the pleadings (PLD 2025 SC 502).
Myth or fact?
The patwari trap.
- Myth: The mutation is in my name, so the gift is proved.
- Fact: The original gift has to be proved separately from its entry in the revenue record (PLD 2025 SC 502).
A photocopy cost him Rs 5 lakh.
A real case. 2023 SCMR 988.
- The claimA son relied on a photocopy of the sub-registrar's register. No gift deed, no certified copy.
- The findingHe had fraudulently deprived his mother and sister of their inheritance.
- The costAppeal dismissed with special costs of Rs 500,000.
Gift or inheritance?
Ask FAI in your own words. It answers with the exact law and the judgments behind it.
- My father gifted his house to my brother before he died. Can my sisters and I challenge it?
- What must a donee prove in an oral gift under Muslim law?
Example questions
What this does not mean
- Gift papers on their own do not complete a gift. Offer, acceptance and delivery of possession must all be present (2023 SCMR 2012).
- A written deed is not required for a Muslim gift. Writing is only proof, and an oral gift is valid if all three ingredients are proved.
- A mutation in the revenue record does not prove the gift. The original gift must be proved separately (PLD 2025 SC 502).
Questions people ask
What are the requirements of a valid hiba in Pakistan?
A clear declaration of gift by the donor, acceptance by or on behalf of the donee, and delivery of possession under the gift. Miss one and there is no gift (2023 SCMR 2012).
Is an oral hiba valid in Pakistan?
Yes. Any Muslim can make a valid gift orally, and writing is only proof (2023 SCMR 2012). Section 129 of the Transfer of Property Act saves the rules of Muslim law.
Can a gift be cancelled after possession is given?
A gift can be revoked only before delivery of possession (s.167, Muhammadan Law, as applied in 2023 SCMR 2012). Once all three ingredients are complete, the gift exists.
Can a gift deed that cuts out heirs be challenged?
Yes. The person who benefits carries a heavy onus to prove offer, acceptance and delivery of possession. For an oral gift, the time, date, place and witnesses must be stated in the pleadings (PLD 2025 SC 502).
Is mutation enough to prove a gift?
No. The Supreme Court said the original gift must be proved separately from its entry in the revenue record (PLD 2025 SC 502).
Sources
- Transfer of Property Act, 1882 · Section 129
Saving of Muslim law Pakistan Code
Educational legal information, not legal advice. Every case turns on its own facts. Speak to a qualified lawyer about your situation. Review status: Pending advocate review. How we check.
