Ancestor property
Mudassirkhan Pathan
(Querist) 02 April 2013
This query is : Resolved
My name is MUDASSIRKHAN i am a Muslim.....
My granpa have expired in august 2011 he is served by only son & only daughter
He has gifted a part of his property to his daughter during his life.... Now the remaining propety he has gifted to my father by "HIBA NAMA" in the year 1999 with two muslim witness duely signed on the Stamp but my father did enforced the "HIBA NAMA" & did not get the property transferred to his name....
My question is can that HIBA NAMA be enforced now for property transfer or it stand cancels as my grandpa is expired now..
As of now my Fathers Sister is agagin demending her share.. does her claim is justified
Vidhi Joshi
(Expert) 02 April 2013
First of all registering of hibanama is not mandatory, and it can be made in oral as well as in writing, having said that your grandfather have already gifted the property to your father and so the claim of your aunt(fathers sister) wont stand...but still get a second opinion from a lawyer expert in muslim law..
Mudassirkhan Pathan
(Querist) 03 April 2013
Author : Mudassirkhan Pathan
Posted a day ago
My name is MUDASSIRKHAN i am a Muslim.....
My granpa have expired in august 2011 he is served by only son & only daughter
He has gifted a part of his property to his daughter during his life.... Now the remaining propety he has gifted to my father by "HIBA NAMA" in the year 1999 with two muslim witness duely signed on the Stamp but my father did enforced the "HIBA NAMA" & did not get the property transferred to his name....
My question is can that HIBA NAMA be enforced now for property transfer or it stand cancels as my grandpa is expired now..
As of now my Fathers Sister is agagin demending her share.. does her claim is justified
prabhakar singh
(Expert) 03 April 2013
If you father is in possession of the property accepting gift,then only fact that he did not mutation done his name can not hamper his rights as donee.In presence of gift the demand of her sister is unlawful.
Mudassirkhan Pathan
(Querist) 03 April 2013
Resp Expert sir Prabhakar Singh
My father is in total possession of the property as he has accepted the gift from my grand pa but as you stated Mutation has not done (property has not been transferred from my grand pa's name to my fathers name)........ as if now if my aunt (father sis) approach the court of law will she be entertained or anyway her plea is accepted.
Adv k . mahesh
(Expert) 03 April 2013
yes if the share of your grand father is gifted to your father if is written then the property stands to your father and it cannot be transferred to any one till your father life time
Mudassirkhan Pathan
(Querist) 03 April 2013
If in case a Muslim man dies without dividing his property & the man is served by only daughter & only son.. in such case how will the court of law divide the property of the deceased accordingly by Muslim law or law of land....
prabhakar singh
(Expert) 03 April 2013
WHEN A MUSLIM DIES LEAVING BEHIND ONLY A DAUGHTER AND A SON BOTH SON AS WELL AS DAUGHTER TAKE AS RESIDUARIES WITH CONDITION THAT SON GETS DOUBLE OF THE DAUGHTER.
Mudassirkhan Pathan
(Querist) 03 April 2013
My grand pa has gifted a House to his grand son(Son of the daughter) being a grand son to my grand pa can i claim part of the property gifted by my grandpa...
prabhakar singh
(Expert) 03 April 2013
NO YOU CAN NOT.A GIFT TRANSFERS DONER'S OWNERSHIP THEN AND THERE IN DONEE FAVOR.
Mudassirkhan Pathan
(Querist) 05 April 2013
What is a PROBATE...??? When i approached the Sub Register & Municipal office regarding the transfer of the property i produced Bond (HIBANAMA) which my grandpa has awarded to my father..... The officers questioned me that nor the bond is registered nor Notary is done... so transfer of property cannot be effected.....what else i should do....????Please suggest me
prabhakar singh
(Expert) 05 April 2013
Since it is a HIBBANAMA(GIFT) no probate is required which refers to VASIYATNAMA(WILL).
You need not go to Sub registrar office.
You should plead before Executive officer of municipal board by filing an affidavit that you are governed by Muslim law where HIBBA can be oral and gets complete on hand over of possession and acceptance.In hibbanama there would be witnesses,let an affidavit be filed by them too corroborating the fact that hibba was made before them along with possession by your grand father to your father and your father accepted the hibba only thereafter hibbanama was recited as memorandum of gift.Prefereblly let an affidavit be filled by a registered quazi in confermation of mode of oral hibba among muslims.I hope you shall sail through.
But your aunt can assail the hibba in court if she desires so.
Mudassirkhan Pathan
(Querist) 05 April 2013
Thanks a lot sir.... If my aunt assail the HIBBANAM in court then What will be the further course will the matter be governed by the law of land or Muslim Law...????? does her plea stands...????? So what will be better way sir......
Adv k . mahesh
(Expert) 06 April 2013
by muslim law and her plea stands
Raj Kumar Makkad
(Expert) 06 April 2013
Nothing to add more in the given replies.
Mudassirkhan Pathan
(Querist) 16 April 2013
As said...by muslim law and her plea stands.... on what basis will the plea will be considered....? then what is the value of HIBBANAMA then.....
