Property dispute
sab athir
(Querist) 13 February 2012
This query is : Resolved
Respected sir,
my grandfather had two wives, of which he had two children(1 MALE and 1 FEMALE) frm his first wife and seven children(4 MALES AND 3 FEMALES) frm his second wife..... MY DAD is the child of the first wife and he is the eldest of all...... my granfather had borrowed a loan frm a local finance and he did not pay it, as he fell suddenly ill.... thn my father with his personal earnings repayed the loan of my grandfather.... as my dad repayed the loan, my granfather gifted one of the property owned by him to my dad through HIBA NAMA in 1973, my father has the pro-note of the loan availed by my grandfather and the proof tht my dad payed the loan..... My dad has the hiba document written by my granfather to him, moreover tht property was a promboke land and whn the government gave patta they gave it in in the name of my dad and none of his brothers have objected it for nearly 16 years.... now the children belonging to the second wife are going to the court against us...... now based on the hibanama,patta of my dad will it be strong for us to prove it in the court and wht will be merits and demerits for my dad....... further dad has gifted this property to my mother and has registered it..... wht will be the judgement? waiting for the valuable reply frm experts
Raj Kumar Makkad
(Expert) 13 February 2012
Hibanama in the given case is legal and within the legal rights of your grand father so there seems no occasion to disturb the settled things at this belated stage but you should not take it lightly and should defend the case as per full force.
sharad raghav - 9990549475
(Expert) 13 February 2012
as par muslim law a person can gift only 1/3 of his property.....more then that will make a disposal invalid.......
