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Mahammed Taheer (NA)     27 February 2015

Can both hibanama & normal gift registration done?

Hi Law Experts,

I seek legal opinion from you regarding Hibanama & Gift Registration.
 
My Father owns piece of land in my native town. The land is open land. Last year my father has executed an Hibanama among three of my brothers. 
However as per hibanama there are 3 conditions needs to be satisfied:
- Declaration by Donor.
- Acceptance by Donee.
- Delivery of possession.
 
Because it an open land we are not able to take any possession. For this what we have planned is, go with normal GIFT REGISTRATION (as per Indian Law) by paying the required stamp duties.
 
Now the QUESTIONS are:
Can both Hibanama & Normal Gift Registration done?
Can we go ahead and do the normal gift registration in sub-registrar office?
Will there be any problem in future because we have both Hibanama and registered document?
Do you suggest any other alternative?
 
THANKS A LOT IN ADVANCE.
 
Appreciate if anyone can response quickly


Learning

 3 Replies

Jai Karan Nagwan (consultant)     28 February 2015

Hiba does not required registeration and valid in law, if condition to bequeath property under Muslim Law is followed. Simply submit hibanama to revenue officer for transfer land in your & brother name.

Mahammed Taheer (NA)     02 March 2015

Thanks a lot for the reply Jai Karan Sir..

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     21 June 2015

1.  HIBA "cannot" be registered, simply because there is no provision under the Registration Act.


2.  A Gift Deed, has to be mandatorily be stamp-duty paid and duly registered, for it to be lawfully executed, before any authority /office.


3.  ONLY a "registered" document holds legal dominance.


4.  A HIBA can be made /changed umpteen number of times, before actual execution, thus losing its legal relevance.


Keep Smiling .... Hemant Agarwal 
READ ARTICLES ON: https://hemantagarwal21.blogspot.in/?view=sidebar 


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