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HIBAH - Coggle Diagram
HIBAH
Taking Possession
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Jumhur: Very important
Hanafi : Essential.
Without it, no effect.
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There was no hibah since there was no further action carried out by the recipient to transfer land title to him (Ibrahim bin Haji Abu Bakar lwn Mohd Seh bin Mohd Ali dan Abdul Razak bin Mohamed JH( 1424 )H Jld XVI Bhg II 189)
There is nothing to show in the statement of claim that the donee had ever taken possession of the gift land at all either actually or constructively Hence the gift failed because it was never perfected or consummated by the taking of possession It is therefore that the gift was at all times State land and its ownership was never transferred to the donees despite the royal document because of the failure of the donees to take possession of the land at the time when the gift was made (Tengku Haji Jaafar Ibni al Marhum Tengku Muda Ali Anor v Government of Pahang 1987 2 MLJ 74)
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'Umra
Valid. However, after the death of the recipient the ownership of the property shall not return back to the giver, and the legal heirs of the recipient shall be entitled to it
A kind of gift in which a person makes a gift of his property with a condition that the recipient shall remains its owner till his life time and after his death is shall return back to the giver
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