Written by Dr. Hassan Elhais In general, Heba is an unconditional transfer of property made immediately and without exchange or consideration by one person to another and accepted by or on behalf of the latter.
Heba after death is a kind of heba given during the lifetime of the deceased and becomes valid only after the death of the giver. It must be accepted by the person given the gift and can be revoked during the lifetime of the giver only after approval from the receiver. However, if it was given under duress or deceit or from person who doesn't have the legal capacity or capability to give it, then it can be revoked through court order even if the receiver did not accept the gift. Heba could be given in writing or with witnesses. It is recommended however to have both.
In some special circumstances, heba is one of the advisable ways of getting out of the Sharia succession. However, heba is subject to being contested by the heirs, if it happened within the period where the giver suffered sickness following his or her death regardless of the duration of the illness.
If heba is burdened with liabilities, the receiver could refuse to receive the gift on the ground that it will cause harm to them. In general, receiver can receive the gift or refuse to receive it without need to provide any reason.
There are some legal views stating that since heba can be subjected to revocation by the giver of the gift, it is advisable to put a reasonable consideration to it, this way, the "gift" can no longer be revoked. However, I disagree with this point of view for 2 reasons:
1) If you put money for the purpose of heba, it cannot be considered heba anymore but becomes a sale and purchase process which makes it subject to civil law. This would lead to a new line of argument that can be raised by heirs as they will have the right to object whether the transaction actually transpired or not, especially if the amount paid is small or less than the fair market value of the property given and if the receiver could not prove how they paid the money.
2) In general, that would be considered a fabrication of a process which did not happen and neither the giver nor receiver would like to have such a process. This proposition could subject the receiver to a legal challenge and could prolong the process of transferring property.
Heba given (before death of the giver) has the effect of immediate transfer of property upon acceptance of the receiver while heba given (after death of the giver) has the effect of transferring property only after the condition that the gift will be transferred after death of the giver occurs.
Copyright © of this article is retained by the author and/or other copyright owners. We explicitly grant you permission to download a copy, without any alteration, of this article for personal non-commercial research or study, without prior permission or any charge. This article can be utilized on your website or for marketing, however, we grant you permission to host this article on your website and no other rights. This content should not be altered in any way or sold commercially in any format without prior permission of the copyright holder. During reference of this article, full biographic details entailing the name of the author, his designation, the institute and the publishing date of the article shall be provided.
Your email address will not be published. Required fields are marked *
I owe the success of my case to Dr. Hassan's diligent approach. He remained focused, put me at ease and always went the extra mile. Dr. Hassan tirelessly put my case in the best possible light and I cannot thank him enough. I would highly recommend Dr. Hassan - I am grateful to him from the bottom of my heart.
Dr. Hassan Elhais is among the best legal consultants I have ever worked with. He has an amazing ability to reduce complex issues into a simple concept that non-legal people can understand. He consistently develops innovative litigation strategies that help us to achieve our ultimate legal goals.
...the extraordinary effort that has been exerted by the staff, and we specially thank Dr. Hassan Mohsen Alhais. Wishing your continues success & excellence...
I believe everyone should recognize what a difference Dr. Hassan Elhais work has made to people's lives; and especially to our family's life, because we will remain forever grateful to each and every one of his team.
Dr. Hassan Elhais never fears cases that involve exposure and he always gives me his honest assessment of our chances of success, which is invaluable to me.
He aided us not only in providing legal advice but also in all legal issues that required a long term strategic approach to achieve most favorable and optimum outcomes he provided us with high level of professional service.
Dr. Hassan Elhais is a responsible, reputable counsel who operates to high levels of service.
Dr Hassan Elhais is responsive, thorough and creative with his advice, and is a valued advisor and legal consultant.
Regardless of the complexity of the matter I know Dr. Hassan Elhais will consider not only legal strategy but also business practicalities in providing advice and litigation options.
I recommend Dr. Hassan Elhais to anyone who says 'I'm in legal trouble'. I was extremely satisfied with the high standard of his work. He has always been there when I have needed him and I refer all my clients, family and friends to him/his firm.
Dr. Hassan Elhais was very professional and he listened to my needs. He was very prompt, efficient and always kept me informed. Dr. Hassan Elhais's service was excellent and I would definitely recommend him to friends and colleagues.
Contact Me
