By Advocate Md. Shah Alam · 2026-09-22 · 16 min read
In Bangladesh property transfers governed by Muslim Personal Law, two instruments are widely utilized: 'Simple Hiba' (Gift) and 'Heba-bil-Ewaz' (Gift with Consideration). Despite their common use, many landowners and heirs fail to understand their profound legal divergence. While a simple Hiba is a voluntary transfer of property made purely out of natural love and affection without any exchange, a Heba-bil-Ewaz requires an actual, genuine 'Ewaz' or return gift—such as a prayer mat, a copy of the Holy Quran, or a token monetary sum. Crucially, while simple gifts may be revocable under limited conditions, a Heba-bil-Ewaz operates under the legal fiction of a sale contract and cannot be revoked unilaterally once executed. Senior Supreme Court Advocate Md. Shah Alam breaks down statutory registration fees, the evidentiary requirements of Ewaz, and the exact judicial procedure to annul fraudulent gift deeds in civil court under Section 39 of the Specific Relief Act. For tailored chamber advice, call: <a href="tel:01712655546" style="color:var(--gold);font-weight:bold;">01712655546</a>.
Under classical Islamic jurisprudence as recognized by Bangladesh courts, Heba-bil-Ewaz represents a composite transaction: it begins as a gift and ripens into a sale. When a donor presents land to a recipient and the recipient tenders a return consideration (Ewaz), the transaction is legally transformed.
The Supreme Court of Bangladesh in numerous decisions has reiterated that in order for a Heba-bil-Ewaz to be legally valid, the return consideration must be actual, bona fide, and delivered prior to or concurrently with the execution of the instrument. Merely mentioning a symbolic return in the deed text without genuine delivery will render the instrument vulnerable to legal challenge.
| Legal Parameter | Simple Hiba (Unconditional Gift) | Heba-bil-Ewaz (Gift for Return) |
|---|---|---|
| 1. Consideration (Ewaz) | None. Purely motivated by love, affection, or religious merit. | Mandatory delivery of a valuable reciprocal gift. |
| 2. Judicial Treatment | Pure gift under Transfer of Property Act. | Treated judicially as a contract of sale (Baye). |
| 3. Delivery of Possession | Strict physical delivery (Qabdah) is mandatory to complete title. | Possession transfer is formal; reciprocal Ewaz solidifies title. |
| 4. Revocability | Revocable under narrow conditions prior to delivery or blood bar. | Completely irrevocable once consideration and deed coalesce. |
The government of Bangladesh provides statutory tax incentives for familial gifts under Section 78B of the Registration Act, 1908:
A critical misconception among landowners is that a donor who regrets executing a gift deed can simply return to the Sub-Registry Office and execute a 'Cancellation Deed' (দলিল বাতিলকরণ). The Supreme Court has unequivocally ruled that unilateral cancellation deeds are nullities.
Once a registered conveyance transfers title, the registering officer becomes functus officio. The donor cannot divest the grantee of ownership without an adversarial decree from a court of competent civil jurisdiction. Any unilateral revocation deed will be disregarded by Land Offices during mutation hearings.
A frequent abusive practice in rural and urban Bangladesh involves male siblings forging a father's thumbprint on a Heba-bil-Ewaz deed shortly before his death to deprive female heirs of their rightful Quranic shares. Aggrieved female heirs must act swiftly:
The sole legitimate forum to invalidate a fraudulent or coerced gift instrument is the Assistant Judge or Senior Assistant Judge Court. The lawsuit is instituted under Section 39 of the Specific Relief Act, 1877 (Suit for Cancellation of Document).
Statute of Limitations: Under Article 91 of the Limitation Act, 1908, the lawsuit must be filed within 3 (three) years from the date the plaintiff discovers the fraudulent deed. Exceeding this 3-year deadline causes the claim to be barred by limitation. Concurrently, an application for temporary injunction under Order 39 Rules 1 & 2 of the CPC must be pursued to freeze third-party alienation.
Disputes over gift deeds involve intricate intersections of personal religious law, statutory property codes, and technical civil procedure. Whether you are executing a bona fide family settlement or challenging an illegal deed executed behind your back, consult Supreme Court Advocate Md. Shah Alam at 01712655546.