Hiba-bil-ewaz transfers absolute ownership when supported by consideration and expressing intention to convey full transferable interest.

A transfer by hiba-bil-ewaz supported by substantial consideration is treated under Mahomedan law as a sale, not a pure gift, and therefore passes full ownership where the instrument shows an intention to convey all transferable interests. The restriction on alienation applicable to a simple husband-to-wife gift under Mithila law did not apply because the document evinced an intention to pass the entire ownership bundle. Section 8 of the Transfer of Property Act, 1882 was applied to confirm that the transferee acquired absolute title with power of alienation.

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Issues: Whether the transfer by way of hiba-bil-ewaz conveyed absolute title to the transferee, including the power of alienation.

Analysis: The transfer was found to be for substantial consideration and not a pure or nominal gift. Under Mahomedan law, a hiba-bil-ewaz is treated as a sale rather than a gift. The restriction on alienation applicable to a simple gift by husband to wife under Mithila law did not apply where the document expressed an intention to pass all interests and incidents of ownership. Section 8 of the Transfer of Property Act, 1882 supports the passing of the entire interest capable of being transferred when a different intention is not expressed or necessarily implied. The language of the document showed that full rights of ownership were conveyed to the wife.

Conclusion: The transferee acquired absolute title with power of alienation.

Ratio Decidendi: A transfer described as hiba-bil-ewaz and supported by substantial consideration passes full ownership, including the power to alienate, where the instrument evinces an intention to convey all transferable interest.

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