On account of some conflict of opinion among the Muslim authorities, a view has been propounded that the delivery of physical possession of the subject-matter of the gift is necessary in all cases for the validity of a hiba, and therefore, those properties whose physical possession cannot be delivered cannot form the subject-matter of a valid gift. In other words, the hiba can be made only of corporeal property, and incorporeal property cannot be the subject-matter of a valid gift.
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It is submitted that this is no longer correct, and, under Muslim law in modern India, the incorporeal property can be as much the subject-matter of gift as the corporeal property. Thus, negotiable instruments, government promissory notes, malikana rights or the zamindari rights can be the subject-matter of a valid gift.
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Similarly, gift can also be made of property on lease, or property under attachment on right to receive specific share in the offerings that may be made by pilgrims at a shrine. In short, all actionable claims or any other incorporeal property may constitute the subject-matter of a hiba. When a gift of an actionable claim is made by an instrument in writing, the Gujarat High Court holds the view that the acceptance of the gift by the donee is essential.