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| Difference between Gift and Tamleek - Gift Vs Tamleek |
In the name of ALLAH, the most beneficent, the most
merciful
Difference between Gift and
Tamleek - Gift Vs Tamleek
There might be some confusion in minds of many people with
regard to two words (1) Tamleek and (2) Gift. So, in this article, I am going
to explain what is difference between Tamleek and Gift?
Before understanding the word “Tamleek”, lets take a look at what
is ”Gift?
Any thing either movable or immovable which is given to any one
without any amount is called Gift. For
example you can gift a pen, pencil, book, TV, Fridge, and Car etc. All these things
are movable and can be shifted to any place easily. Immovable things /
properties like Agricultural land, residential plot, shops, flats can also be
gifted to any one without any payment. The legal requirement for a valid gift
may vary for movable and immovable properties, but that is not the topic under
discussion. So, you might have
understood about gift
Now let’s
understand what is “Tamleek”? Tamleek is a kind of gift. You can say that
Tamleek is also a gift but the difference is that the Tamleek can be made by
the donor only in favour of his family member/ legal heirs or expected legal
heirs. However, the gift can be made to anyone else.
For transfer of an immovable property by way of Gift in favour
of Legal heirs, the Word “Tamleek Mutation” is usually spoken, by which the
donor gifts his immovable property to his expected legal heirs / family members.
One thing
should be kept in mind that either Tamleek or Gift, three ingredients (1) Offer
(2) Acceptance (3) Delivery of possession of gifted property should be fulfilled,
otherwise, series of litigation may start.
Click here for format of Gift
Deed in English