Heba Gift Deed

R/ haroon

 please tell me the parties r hindu/muslim

Adv kasrija

09855714554
 

Rajesh ji, the OP says hiba. So they are Muslims only. The word hiba is used only for Muslim settlement...

Muslims

Oral declaration is valid, it is not necessary to get registered in wife name, but the burden of proof lies on wife she has to prove the intention of her husband

and the facts such as hiba was given before divorce or after divorce is to be studied  

heba was given before divorce, and wife has taken the pocession, now the husband wants to revoke the heba and take back the house, he doesn't hav any original or photocopy of documents to support. kindly explain

R SIR,

A GIFT CANNOT EASILY BE REVOCKED AFTER THE DELIVERY OF POSSESSION TO DONE. ONCE THE POSSESSION OF a GIFT-PROPERTY HAS GIVEN TO DONEE BY a DONOR SUCH GIFT CANNOT subsequently be revoked merely by a) declaration of revocation, or b) instituting a suit or c) by any other action. It is possible only when the decree of a court passed. Discussing the right of donee in such circumstances, A) a gift can be revoked after delivery of possession if done gives consent for the same or B) revocation can be done by a decree of the court. Since the gift is given by donor, the right of its vacation confines within him only being his personal right, heirs of donor afterwards or at any time cannot revoke it.

 That till the decree of the court is passed for revoking the gift the done is entitled to use the property in any anner. He can also alinate.

Adv Kasrija

9855714554

alinate?

please tell me if 'A' was owner of the property which he got as a dholi form villager and 'A' have only daughter can she transferr such land through Heba deed

As the Barrister says 'Hiba' is a special term associated with Muslim personal law denoting a gift made by a Muslim.  Mudassir is right in saying oral gift is valid in law.  See Section 129 of the Transfer of Property Act.

All the above discussions conclude that the gift is absolutely valid can not easily be revoked.  It is also not advisable for the husband to seek revocation as the Islamic injunction is that  'even if you give a mountain of gold better not to take back'.