If a Musi acquired or inherited a property and later gifted it to another person, is Hissa Jaidad due on that property?

Regulation 11 under the Assessment Procedure in the Wasiyyat Rules states:

“A property which has been acquired by a Musi but gifted or put in someone else’s name shall also be considered part of the Musi’s estate.”

Additionally, Rule 49 of the Wasiyyat Rules states:

“(a) If a Musi makes a gift of his immovable property in favour of his heir or heirs under circumstances which make it appear like a testamentary disposition to such heir or heirs or which otherwise is likely to defeat the very spirit of Wasiyyat, then Hissa Jai’dad shall nonetheless be payable on such property and in the event of the Musi’s death such property shall be treated as the Musi’s Tarka.

(b) If a Musi makes a gift of his movable property, on which the payment of Wasiyyat is obligatory, in favour of his heir or heirs under circumstances which make it appear like a testamentary disposition to such heir or heirs or which otherwise is likely to defeat the very spirit of Wasiyyat, then the Hissa Wasiyyat shall nonetheless be payable on such moveable property.”

The Musi is therefore obligated to pay Hissa Jaidad on such property.