Hibanama
GREENKAIJ
(Querist) 12 April 2013
This query is : Resolved
according to muslim law
which things is important in HIBANAMA
GREENKAIJ
(Querist) 12 April 2013
academic query means.
i don't know what you say?
Raj Kumar Makkad
(Expert) 13 April 2013
You post the facts of your problem instead of asking the legal provisions.
ajay sethi
(Expert) 13 April 2013
you have to mention facts of ypour case to enable experts to give their opinion
GREENKAIJ
(Querist) 28 April 2013
Hibanama made By Grand father in 1960
he was mentioned survey numnber,shares,etc
main fact in hibanama is not registered because in that year registrar office not available in our area..and don't know law's hibanama registered is compulsory....
and now suit pending in session court. can we produce that hibanama...if not then what should i do?
GREENKAIJ
(Querist) 28 April 2013
sorry sir
i am obstacle in your work..
'm Asking you again.
Devajyoti Barman
(Expert) 29 April 2013
Which type of case of why are the same so pending?
Clarify.
GREENKAIJ
(Querist) 29 April 2013
Barman Sir
Our partition Suit is pending in Session court.
Since it has been claimed.
We do not know anything about the document when it received a document in which he mention Hibanama. When us found out.
thats it
GREENKAIJ
(Querist) 29 April 2013
suit pending last 10 years . but not yet we are produce before the court that document..
Devajyoti Barman
(Expert) 30 April 2013
You can produce the hibanama. It means it is a gift deed made in some of your favour.
Anirudh
(Expert) 30 April 2013
There is no requirement for hibanama under the Muslim law.
For a valid gift,the donor has to made a declaration, the donee has to accept it, and the donor must then immediately hand over possession of the same to the donee. If these things had taken place, then the gift (hibanama) would be valid.
ajay sethi
(Expert) 30 April 2013
agree with anirudh
GREENKAIJ
(Querist) 30 April 2013
some disputed land mention in Hibanama
and that land's suits pending in the court.
in short
x v/s y suit pending in session court
we have become as third party in present suit.
can we produce hibanama before the hon'ble court?
court may be accept it?
please suggest me..
main sir this hibanama not registered it is written on bond with two witness...
Anirudh
(Expert) 01 May 2013
You have not understood as to what I have stated. You are also not telling the whole fact. In your wisdom you are telling the facts in bits and pieces. So it will not be possible to answer your query at all.
ajay sethi
(Expert) 01 May 2013
answer quries raised by anirudh
prabhakar singh
(Expert) 01 May 2013
Either you are lazy or miser or less intelligent in comprehending facts of your own case.
Anyway i tried to comprehend your facts patching together several posts made by you here.
That A suit of partition is pending against you.
That You have a gift deed in your favor of properties sought to be partitioned.
That the gift deed is unregistered for which you have your own excuses.
And that so far a decade past to suit you have not filed the unregistered gift deed in court.
It appears due to use of world HIBANAMA Mr. Anirudh is laboring about your religion!
THEN ANSWER IS:
If you are a hindu HIBANAMA was required to be registered forth after the registry ban was lifted.
A doubt to it's genuine existence can also be raised as to why was it not produced during past 10 years of pendency of litigation but only when you have put appearance and have filed W.S.
Even an unregistered Document can be used for collateral purposes.In your case if you have exclusive possession over property gifted,to prove gift it would not be read but to prove possession it can be looked into.
In case it is dispute between muslims then writing or registration may not create hurdle if Oral HIBANAMA along with delivery
of possession and acceptance thereof is proved.
GREENKAIJ
(Querist) 04 May 2013
Sorry Anirudh Sir
I understood.
i apologize to all experts for interrupted
GREENKAIJ
(Querist) 04 May 2013
thank's to all
Devajyoti Barman
(Expert) 05 May 2013
Yes, you can produce the copy of the said Hibanama.
