By Advocate Md. Shah Alam · 2026-03-15 · 7 min read
Heba — the Islamic gift of property — is one of the most common methods by which Bangladeshi families transfer land and property to children, spouses, or relatives during the owner's lifetime. But a legally defective Heba can be challenged, cancelled, and become the source of bitter family disputes. Understanding what makes a Heba valid is essential before transferring any property.
Heba (Arabic: هبة) is an immediate, unconditional gift of property made by one person (the donor, or wahib) to another (the donee, or mawhublahu) during the donor's lifetime, with the intention of permanently transferring ownership. Unlike a Will, Heba takes effect immediately and does not wait for the donor's death.
In Bangladesh, Heba is governed by principles of Muslim personal law (primarily from the Hedaya and Fatawa-e-Alamgiri), as well as the Transfer of Property Act 1882 and Registration Act 1908. For non-Muslims, gifts of immovable property are known simply as "Gift Deeds" governed by the Transfer of Property Act. Before making any gift of property, consult a property lawyer in Dhaka to ensure the transfer is legally secure.
Under Muslim law in Bangladesh, three elements are required for a valid Heba:
For immovable property (land, flat, building), the Heba must also be:
A donor can make Heba of any property that lawfully belongs to them, including:
Limitations: A person cannot make Heba of more than one-third of their estate without the consent of heirs if they are on their deathbed (Maraz ul Maut). Such deathbed gifts are treated partly as a will and are limited to one-third of the estate — similar to the rule for Wasiyyat.
Many families confuse Heba with a Will. The key distinctions:
| Aspect | Heba (Gift) | Wasiyyat (Will) |
|---|---|---|
| When effective | Immediately during donor's lifetime | Only after death |
| Limit on disposal | Can gift entire property (during health) | Max 1/3 of estate without heir consent |
| Revocability | Generally irrevocable after possession — exceptions apply | Freely revocable before death |
| Registration required | Yes, for immovable property | Recommended but not mandatory |
The Heba deed must be registered at the Sub-Registrar's office. The process:
After registration, the donee should apply for mutation (Namjari) to update the land records in their name. A property lawyer can handle the entire process seamlessly.
Under Muslim law, a donor can revoke Heba in limited circumstances — primarily before the donee takes possession, or with court permission in cases of:
A Heba generally cannot be revoked once possession has been delivered if the gift was made to:
Fraudulent or coerced Heba deeds can be challenged in Civil Court. Common grounds include: donor lacked mental capacity, signature forged, donor was under undue influence, or property was gifted twice to different people. If you suspect a fraudulent Heba was registered on your property, contact an Uttara property lawyer immediately.
A Dhaka property lawyer plays a critical role in ensuring your Heba is valid, irreversible, and challenge-proof:
Advocate Md. Shah Alam has handled numerous Heba and gift deed registrations across Dhaka and Uttara. Contact our office for a consultation before your property transfer.
Yes. A living donor can gift any or all of their property to any person during their lifetime. Unlike inheritance, Heba is not automatically shared among all heirs. However, unfair Heba may cause family disputes and potential legal challenges if made during terminal illness.
Yes — for immovable property (land, flat, building). Unregistered Heba is void against third parties and unenforceable in court for immovable property under the Registration Act 1908.
No. Valid Heba requires the donee's acceptance (Qabul). A gift without the donee's knowledge and acceptance is not legally complete.
Heba-bil-Ewaz (gift for consideration) is a transfer that appears to be a gift but involves consideration (payment or exchange). It is treated like a sale for registration and stamp duty purposes.
Heba of mortgaged property is permitted but the mortgage liability accompanies the property to the donee unless the donor discharges the mortgage first.