Skip to content
Transfer, Registration & Use

Gift (Heba) & Exchange Deed

Property is often passed within a family by gift rather than sale. Done properly, a heba is a clean, low-cost transfer; done casually, it becomes a dispute among relatives. We draft and register heba, heba-bil-ewaj and exchange deeds so the gift is valid and final.

Muslim personal law (heba)Registration Act 1908Transfer of Property Act 1882
Handing over house keys, representing a gift (heba) and exchange deed

What this covers

A heba is a gift of property, commonly used between parents and children or among relatives. An exchange deed swaps one property for another. These transfers have their own rules, and getting the form and the registration right is what stops a gift being challenged years later by other heirs.

Heba and heba-bil-ewaj

A simple heba is a gift without consideration. A heba-bil-ewaj is a gift for some return, which changes how it is treated and taxed. Under Muslim law a valid heba needs a clear declaration, acceptance, and delivery of possession, and for immovable property registration is how you prove all three. We make sure each element is present and recorded.

Gifts within the family

Most heba disputes are family disputes: a gift the other heirs did not know about, a possession that was never actually handed over, or a deed that is unclear about what was given. We draft so the gift is unambiguous and the record supports it.

Exchange deeds

Where two owners swap properties, an exchange deed transfers each to the other. We handle the valuation, stamp and registration so both sides get clean title to what they received.

A gift is not finished until it is registered and possession is given. A verbal promise to gift, or a deed with no real handover, is exactly what disappointed heirs later attack. We close those gaps at the drafting stage.

Documents you will need

  • The donor’s title and current khatian/porcha
  • National ID of donor and donee
  • The relationship, where the gift is within the family
  • Land development tax receipts and mouza details

How long it takes

A heba or exchange deed can usually be drafted and registered within days once the title and papers are ready. Family gifts involving several relatives or shares take a little longer to structure correctly.

Illustration representing gift (heba) and exchange deeds
How a gift deed runs
1

Confirm the title and intent

We check the donor’s ownership and settle exactly what is being gifted.

2

Draft the deed

We draft the heba or exchange with a clear declaration, acceptance and possession.

3

Stamp and register

We handle the stamp, fees and registration at the sub-registry.

4

Mutate the record

We update the record into the donee’s name so the gift is complete.

A clean heba is often drafted and registered within days.Book a Consultation

Common questions

Can a gift be taken back?

As a rule, a completed heba, once declared, accepted and possession given, is not freely revocable. That is exactly why it must be done deliberately and correctly. We advise on the consequences before, not after.

Is a heba cheaper than a sale?

It can carry lower costs than a sale, particularly between close relatives, but the rules and tax treatment differ, especially for heba-bil-ewaj. We advise on the right form for your situation.

Will other heirs be able to challenge it?

A properly declared, accepted, delivered and registered heba is far harder to challenge than a casual one. Most successful challenges target gifts where one of those elements was missing.

Gift or exchange property properly

A clean, registered transfer that holds within the family.