Challenge to hiba

atif javaid (Querist) 20 May 2012 This query is : Resolved
My Grand Father had 10 acres of agri land in his name and after his death we came to know the whole agri land has been transferred in the name my one uncle through Hiba and other one brother and two sisters are deprived off from there share in the property . Now the they have filed a suit against it and challenged the HIBA. Please guide in the light of property act and Muhammad law either they have provision to obtain their share from it.

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Adv.R.P.Chugh (Expert) 20 May 2012
Dear Mr.Javaid,

I opine :-

1. There is no concept of ancestral property in Islam.

2. Seperate property can be dealt with by a person during his life even with respect to whole property.

3. Hiba is not required to be documented in Muslim Law - if there is i) Declaration of Gift/Hiba - ii) Acceptance iii) Delivery of Possession. Then Hiba is complete. If any of the essentials are not complete then the same may be challenged.

Feel free to talk !