Mohammedan law-gift of property
bakhtiyar
(Querist) 10 January 2014
This query is : Resolved
respected sir/madam,
my mother and my uncle(mother's brother) wants to gift me an ownership property. iwant to know the procedure for the same in Mohammedan law. do i have to pay the stamp duty ?
kindly advice
Atlas Eva
(Expert) 10 January 2014
Dear Friend
You need to make a gift deed and the property should be gifted to u
further stampduty and reg. fees will be applicable
contact a Lawyer for the same
We also can help u
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LEGAL ACCOUNTING & TAX CONSULTANTS
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Rajendra K Goyal
(Expert) 11 January 2014
They can give the property through Hiba / gift deed by paying stamp fee and the registration fee applicable in your state. In Haryana there is negligible difference in stamp fee for Baya (Sale) and Hiba (Gift).
P. Venu
(Expert) 11 January 2014
Hiba requires no registration.
T. Kalaiselvan, Advocate
(Expert) 13 January 2014
A Hiba or gift has been defined under the Mahomedan Law as a transfer of property made immediately and without consideration by one person to another and accepted by or on behalf of the latter.
There are three essentials of a valid gift under The Mahomedan Law: 1)Declaration of gift by the donor; 2) Acceptance of the gift by the donee,either express or implied; and 3) Delivery of possession of he property by the Donor to the donee, either actively or evenconstructively.
According to Section 123 of TP Act, 1882, a gift ofimmovable property must be effected by registered instrument signed by the donor and attested by atleast two witnesses. The saidsection does notapplyto Mahomedan Law of gift. The Mahomedans in India, therefore, are not governed by the TP Act in the matter offormalities of gifts. Regarding formalities writing is not necessary to complete a Mahomedangift andformalities prescribed under the TP Act are not essential. If there is nodelivery of possession, the gift is invalid, even if it is registered.
A gift orally made is valid provided all the three essential reuisites of a valid gift are satisfied. It isopen to the Mahomedan sisters to relinquish their rights by way of gift, even oral, which isvalid in Muslim Personal law.
prabhakar singh
(Expert) 13 January 2014
Here i AGREE with most intelligent advise of Mr. T. Kalaiselvan, Advocate .
i saw your query after advise of advertizer mr. Atlas Eva,and i restrained because i had a view for reply as well as his style.
He may not mind please !
