Gift/Hiba Deed
Z A Bhutto
(Querist) 07 December 2015
This query is : Resolved
We file a suite for partition in ,2010. The case is on hearing stage.
On 26th November we came to know that my brother had got Hiba/gift deed registered in 2002 from my mother(my mother died in 2003)and the same is registered on 2010 by paying the balance stamp duty as it was pending.
In the witness one fellow was crimnal who was jailed for murder and other fellow was comon person of other locality. Both of them died. One fellow who jailed was purchased for Rs.5000.00 and the whole of my locality knows even his son and wife also knows.
I am the elder brother who occupied a room since the inception and living time to time recently my younger son is also living permanently for graduation and study at Surendra Nath Collage. I have a ration card and voter ID too.
My point is the gift deed is not registered within 4months.
If the same is registered after 4 but did not paid the penalty on stamp duty which is ten times of the stamp duty.
The entire possession was not handed over to the donee as I the Elder brother lives in one room and my step Sister also having one room.(she is from my mother's side who's first husband died)
The signature's shows that my mother was not in mentally and physically sound, and the fact is that she died with serious sickness within one and half year time (June'2002 and December'2003.
She was a heart patient, Sugar and Artheratis and always lives in parda.
Our properties belonged to my Grandmother (my father's Mother) the said property was duly WASIYAT transfered by my Father to my mother in 1966 " mentioning that my mother would be as caretaker and the inheriter's are his three sons.(which are named)
Thus considering all the points the Hiba/Gift is valid or invalid as the case is on hearing stage?
I would be grateful to have your valuable advise.
Z A Bhutto
(Querist) 07 December 2015
Kindly let us know the fate of this gift deed/Hibe.
Rajendra K Goyal
(Expert) 08 December 2015
All the documents in the light of your personal law has to be referred. Witness being a criminal may or may not effect the validity. Please consult local lawyer.
P. Venu
(Expert) 12 December 2015
Hiba requires no registration. It is sufficient if the donee accepts the gift and is put in possession.
T. Kalaiselvan, Advocate
(Expert) 16 December 2015
As opined by expert Mr. Venu, the Hiba need not be registered, it can be even oral, the only criteria is that there should be a donor, donee, the property to be gifted, to be accepted by the donee.
Now he has produced a registered gift deed (Hiba), this clears even the slightest doubt about the maintainability of the Hiba.
However since the matter is before court and the nature of case is not known as well as the details of case have not been furnished, any opinion given here shall be a misguidance in the subjudice matter.
