Querry about hibanama
sameer_ali873@yahoo.com
(Querist) 04 November 2011
This query is : Resolved
RESPECTED SIR,i am sayyad sameer ali from dewas (madhya pradesh)& my querry is about hibanama.. about 20 years ago my grand father had made a hibanama and gives their all property to my uncle.even when they made hibaanama they didnt call my father. so my querry is what about my share in my grandfather's property, even the so called hibanama is not registered, hiba is wrote on a simple piece of paper...... please solve my problem.
prabhakar singh
(Expert) 04 November 2011
FROM YOUR EMAIL IT APPEARS THAT YOU ARE A MUSLIM BY RELIGION.
UNDER ISLAM A MUSLIM CAN GIFT HIS ALL PROPERTIES TO ANY BODY OF HIS CHOICE EVEN ORALLY [WITHOUT ANY WRITING OR REGISTRATION ]ACCOMPANIED BY POSSESSION AND ACCEPTED BY DONEE.THERE IS NO NEED OF ANY WRITING ALSO.
UNDER ISLAM THERE IS NO CONCEPT OF ANCESTRAL PROPERTY NOR IS THERE CONCEPT OF ANY COPARCENARY,THEREFORE WHAT EVER YOUR GRAND FATHER OWNED OR INHERITED FROM HIS FATHER WAS HIS PERSONAL PROPERTY AND HE HAD CAPACITY TO DEAL THAT AS ABSOLUTE OWNER.SO HE COULD SALE AND GIFT THE SAME.AS HE GIFTED ALL TO YOUR UNCLE HE HAS NOW BECOME OWNER ABSOLUTE TO THE EXCLUSION OF YOUR FATHER AND YOU AND EVERY BODY ELSE WHO COULD GET A SHARE BY INHERITANCE UNDER LAW OF ISLAM AS NOTHING WAS LEFT TO BE INHERITED.
a.manoharan
(Expert) 04 November 2011
mohammaden law is varied between Sia & Sunny so that it is depending on your faction . that is why there is specific provision in TP Act, Gift Deed is not applicable to Mohammadans
sameer_ali873@yahoo.com
(Querist) 04 November 2011
sir, we are sunni muslim. and someone suggest me that if my father claim our share of property through court, then it should be possible we get our share.
please give me your suggestion.
prabhakar singh
(Expert) 04 November 2011
your father can claim on only one ground that
no gift was ever made by your grand father in favor of your uncle and if he successes in proving that in court only then he will get his due that could have come to him had there not been a gift.
IS YOUR FATHER IN POSSESSION OF GIFTED PROPERTIES ALONG WITH YOUR UNCLE OR YOUR UNCLE ALONE IS IN POSSESSION OF GIFTED PROPERTIES ON THE SPOT WOULD BE VERY CRUCIAL FACT TO ARRIVE AT THE RIVAL ALLEGATIONS.
sameer_ali873@yahoo.com
(Querist) 04 November 2011
exept this HIBANAMA, my grandfather had ever no gift given to my uncle. and there is three houses and one shop made by my grandfather,which all of these given to my uncle. but still in one house we lived. but my grandfather wrote in a newspaper, at that time that at any time when my uncle wish they can made us houseless.
