Rules for donating land or property

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The donation is called heba in Muslim law. Charity is receiving something from someone without a reward, that is, without an exchange. According to section 122 of the Property Transfer Act 182 (TP Act), if the property giver immediately transfers any property to a person and the person receives the property on behalf of the recipient or recipient, it is called a donation. However, for the donation to be valid, 3 conditions must be met:

Donation announcement (ijab) by the donor.Accept or accept donations on behalf of the recipient. Granting of possession of the donated property to the recipient by the donor. In addition, the donation must contain the following components.

The donor must be a healthy brain adult. The donation must be completed within the life of the donor. If the donor dies before receiving the donation, the donation will be considered null. The donor must have marijuana and possession of the property at the time of the donation. Donations must be voluntary and unconditional. If the recipient of the donation is mentally unbalanced or a minor, the guardian can accept the donation on their behalf. Donations can be accepted by anyone. Under Muslim law, the donor can donate all of his assets to anyone. According to Dayabhaga, a Hindu can donate the rest of his property after making suitable arrangements for those who are legally obligated to support him. Donations can be withdrawn prior to transfer of ownership. A court order will be required to withdraw the donation after the transfer of possession. If the donor makes a fraudulent donation to avoid debt obligations or for any other dire purpose, the donation may be revoked at the request of the creditor.
Donations for death will be as effective as a will, which means that donations can be made in favor of a non-relative, but not more than 1/3 of the total property. However, with the consent of the heirs, more than 1/3 of the property can be donated to non-relatives. In this case, no heir can be bequeathed.

Donations must be made in writing and recorded in accordance with Section 6A of the Registration (Amendment) Act, 2004 and Section 123 of the Transfer of Property Act. If you donate together with the unborn person, the donation will be valid if you are born within 6 months after the donation date.

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