Hibah Act · s 5

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5.
Conditions for valid hibah
A hibah shall not be valid unless -
(a) the property belongs to the donor;
(b) declaration of the hibah is made, either expressly or impliedly, by or on behalf of the donor;
(c) acceptance of the hibah is made. either expressly or impliedly. by or on behalf of the donee;
(4 the possession of the property is delivered by the donor to the donee either physically or symbolically depending on the nature of such property;
(e) the property is a determinate property and not its usufruct only; and
(fl the property exists at the time the hibah is made.
Illustrations
(a) A said to B by the pronouncement "I give you this thing". then B said "I accept". The hibah is expressly accepted.
(b) A said to B "These are your clothes". B then holds those clothes. The hibah is impliedly accepted.
(c) A said to B with the pronouncement "1 give this house to you". Hence that house is a hibah from a detenninate property where A makes a hibah to B of the house as a whole and not just to reside in it.
(d) A makes a hibah to B of fruits that may be produced by his orchard this year.
The hibah is not valid because that property does not exist at the time the hibah is made.
(e) A makes a hibah to B of a lamb which is still in its mother's womb. The hihah is not valid because that property does not exist at the time the hibah is made.
a

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s 5Conditions for valid hibah

A hibah shall not be valid unless -

(a)

the property belongs to the donor;

(b)

declaration of the hibah is made, either expressly or impliedly, by or on behalf of the donor;

(c)

acceptance of the hibah is made. either expressly or impliedly. by or on behalf of the donee;

(4 the possession of the property is delivered by the donor to the donee either physically or symbolically depending on the nature of such property;

(e)

the property is a determinate property and not its usufruct only; and

(fl the property exists at the time the hibah is made.

Illustrations

(a)

A said to B by the pronouncement "I give you this thing". then B said "I accept". The hibah is expressly accepted.

(b)

A said to B "These are your clothes". B then holds those clothes. The hibah is impliedly accepted.

(c)

A said to B with the pronouncement "1 give this house to you". Hence that house is a hibah from a detenninate property where A makes a hibah to B of the house as a whole and not just to reside in it.

(d)

A makes a hibah to B of fruits that may be produced by his orchard this year.

The hibah is not valid because that property does not exist at the time the hibah is made.

(e)

A makes a hibah to B of a lamb which is still in its mother's womb. The hihah is not valid because that property does not exist at the time the hibah is made.