Hiba
Mohammed Ameen Sait
(Querist) 29 December 2011
This query is : Resolved
Dear Sir,
I want to know whether I can make HIBA of a property to a charitable organisation ?
[2] Whether Registration in this case is compulsory and if yes what will be the rate of registration ? If I have not already registered what should I do now assuming Hiba had been made say 6 months back.
[3] Whether I can stipulate in the written Hiba document the purposes for which the income from the immovalble property, being given as Hiba, to be spent for ?
s.subramanian
(Expert) 29 December 2011
You can make a hiba of one third of your property for any charitable purpose. Registration is not mandatory since the hiba made by a Muslim can be oral also. It is outside the purview of the Transfer of Property Act. If you have already made such a hiba, you can prepare an affidavit confirming the same specifying the date of the hiba and the details of the donee. This will suffice. If you make such a condition then it would not be a hiba but only a wakf. Once you make hiba you are supposed to confer the absolute title over the donee. If you intend creating any endowment for charitable purpose then you have to create a wakf setting out the purpose for which you are creating it and get it registered with the Wakf Board as contemplated under the Wakfs Act,1995. Then only your noble intention would be fully served.
M.Sheik Mohammed Ali
(Expert) 29 December 2011
yes, i do agree with Mr.SS, and affidavit with witness signature.
prabhakar singh
(Expert) 29 December 2011
But i differ that you can make HIBBA for only 1/3 as you are free to make sale and HIBBA of all of your properties,However your right to write any testamentary succession by any WILL is restricted to 1/3 under Muslim law.
A HIBBA by a Muslim can be legally made ORALLY by delivery of possession and accepted by donee.No writing of any kind or registration was necessary nor is the same any requirement now.
However If desired a MEMORANDUM[YAADDASHT] can be executed in favor of charitable organization in whose favor HIBBA was delivered 6 month before that such and such property was gifted by you as owner and donor of property and possession was then and there delivered which was accepted by so and so official of charitable organization legally authorized to receive the HIBBA on behalf of the organization.
N.K.Assumi
(Expert) 29 December 2011
What are the property that you are making over as a gift to charitable organization? If you are making a gift of immovable property as a deed of wakf dedicating property to charitable and religious purposes, it is an instrument requiring compulsory registration under section 17 (a)
Rajeev Kumar
(Expert) 29 December 2011
I agree with Prabhakar sir
Mohammed Ameen Sait
(Querist) 30 December 2011
I thank all the experts, Mr Subramanian, Mr Prabhakar, Mr Shaikh Mohammed Ali, Mr Shah,Mr Assumai and Mr Rajeev Kumar who have taken their precious time given me their advise.
Shonee Kapoor
(Expert) 31 December 2011
I also agree with Ld. Prabhakar Singh Ji.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
