Section 8
Conditional ltibah
of Hibah Act
Where a donor makes a hibah to a donee with conditions or restrictions as to the possession, disposal or use of the property, the conditions or restrictions shall be void but the hibah shall be valid and the donee shall have absolute ownership of that property.
(a)
A makes a hibah to B of a house with the condition that it is for B's lifetime only and when B dies the house will revert to A. The hibah is valid but the condition is void and B shall have absolute ownership of the house and after the death of B, the house will be for B's heirs. and if B has no heirs, that house will be for Bai/ulnzal.
(b)
A makes a hibah to B of a house with the condition that if B dies before A. the house will revert to A and if A dies before B, the house will be for B. The hibah is valid but the condition is void and B is the absolute owner of the house and after the death of
B, the house will be for B's heirs and if B has no heirs, the house will be for Baitulmal.
(c)
A makes a hibah to B of a house with the condition that B and his heirs will not sell that house. The condition is void but the hibah is valid and B shall have the absolute ownership of the house.