The definition of blood relationship in hiba
MOHAMED FIROZ
(Querist) 03 March 2018
This query is : Open
.
I now want to register a immovable hiba property under the gift act by paying the stamp duty for Rs. 25000/-.Ten years back my elder brother has gifted this property by hiba to three of us (myself, my son and my wife) under a written hibanama on a Rs. 20/- Stamp paper. We have taken possession of the same and are the outright owners of the property and have got the property tax receipts in our names.
But my lawyer says that a hiba can be made by a donor only to a blood related donee, and as such my son and my wife cannot be considered as eligible donees. He says that the new hiba deed can be registered only between myself and my brother.
But I have read in law journals that a hiba can be made by a donor to any donee who exists, and that the donee can even be a non muslim or a juristic person.
I want to be clarified on the follwing points as per the present Govt. Act.
1. Whether there is any restriction on offering hiba to blood related donors only ?
2. Whether a hiba can be made by a single donor to multiple donees under a single hiba ?
3. Whether my existing hibanama is in order ?
4. Whether the stamp duty of 1% on the value of the gifted properties is applicable in my case ?
4. What is the right procedure to be adopted by me to get a registered document for this property in
favour of myself, my wife and my son ?
MOHAMED FIROZ
