Hiba
Querist :
Anonymous
(Querist) 11 August 2011
This query is : Resolved
I am Muslim. I stay with my mother in a pugree system flat in Mumbai.Currently Rent reciept are in my mothers name. Maharshtra Rent Control Act is Applicable. My mother wants to transfer/gift the flat in my name . My landlord is not ready to transfer Rent reciept in my name.
What are my options for transfering rent reciept in my name?
Does Muslim Personal law over rides tenancy law?
(Ram Niwas Todi V Bibi Jabrunissa - Supreme Court)
adv. rajeev ( rajoo )
(Expert) 11 August 2011
Transfer of rent receipt by the land lord is not important. First let your mother gift the property to you, but gift in mohd., should be acted upon, then inform the land lord.
Querist :
Anonymous
(Querist) 11 August 2011
Acted upon ?
(i) declaration of the gift by the donor; (ii) acceptance of the gift by the donee; and (iii) delivery of possession
Pls correct if I am wrong
Querist :
Anonymous
(Querist) 14 August 2011
I have gone through reply of Mr. Makkad & Mr. Shiekh on "Hiba of tenancy"
http://www.lawyersclubindia.com/experts/Hiba-of-tenancy-219926.asp?utm_source=newsletter&utm_content=experts&utm_medium=email&utm_campaign=nl_13_08_2011
They are of view transfer is not possible without ownership.WITHOUT OWNERSHIP RIGHTS NO HIBA CAN BE MADE BY A MUSLIM.
Kindly through light on the said case
Does Muslim Personal law over rides tenancy law?
(Ram Niwas Todi V Bibi Jabrunissa - Supreme Court)(1996) 6 SCC 444
R.Ramachandran
(Expert) 14 August 2011
The question before the SC in the case of Ram Niwas Todi v. Bibi Jabrunissa was:
(1) Whether the oral gift given by a Muslim father-in-law to his daughter in-law is valid.
(2) This question arose, because it was contended by the rival party that the property gifted out was an agricultural land and according to the provisions of the Bihar Tenancy Act, 1885 as also the Bihar Land Reforms (Fixing of Ceiling Area and Acquisition of Surplus Land) Act, the occupancy rights is to be transferred by means of a registered deed, and since the gift was 'oral' and not registered the same is invalid.
(3) The High Court held the gift to be invalid because of the Bihar Tenancy Act.
(4) However, the Supreme Court noted that it stood established that the property in dispute was house-property, which included open spaces of land appurtenant and subservient thereto. (In other Words, the SC did not treat the property as agricultural land to which the Bihar Tenancy Act applied, but treated the property as house property (to which the Bihar Tenancy Act did not apply) and therefore held the oral gift as valid.
The tenancy rights which you are talking about and the one involved in Ram Niwas Todi case are quite different.
prabhakar singh
(Expert) 14 August 2011
Sorry Expert adv. rajeev ( rajoo ) !
My firm answer to this Query is that a muslim can not make Hiba of his/her tenancy rights without consent of land lord as he /she being not an owner, can not part possession without offending the valuable and actionable rights of the land lord which can never by taken away in the name of personal law.
One can do what ones' personal law allows to do in absence of a common code but doing so can proceed within capacity and with out offending right of others.
