tamanna (marketing) 11 February 2012

Heba

I have a property which was on the name of my ex husband. , he made a heba to me (gift deed, Mohammedan law) which is unregistered. I have the b khata on my name and a temporary injunction. The ex husband sold the property to a third party during the stay order (temporary injunction) and EC is now on the name of a third party. I have the posession of the property. Can you tell me if my case is strong or weak for getting the property on my name.

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6 Replies

Bhartiya No. 1 (Nationalist) 11 February 2012

ur case is strong, u will have to prove that heba has been made by him,.

sridhar pasumarthy (ADVOCATE) 11 February 2012

Tamanna,

Gift need not be registered under Muslim law.

Alienation of property when temporary injunction against the same is not valid.

You can even prosecute you ex-husband for violation of court order.

Basing on your possession and mutation of ur name in revenue/municipal records supports your case.

so, you have lot of chances to prove your gift.

All the best.

tamanna (marketing) 14 February 2012

my lawyer suggested to ignore the sale deed made by the third party as the third party is not claiming for the posession on the property. it has been ten months since the sale deed has been done..... should i challenge the sale deed or wait for the third party to file a case???

tamanna (marketing) 14 February 2012

we did go the sub registrar office to change the property on my name showing the heba . he refused and said that it should be registered to transfer the property. Now how do i proceed