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Afrin   19 May 2018

Hiba

My naani had 13 acres of land . She died in dec 2011. She had two children my mama n my mother. Now my mama is showing a paper that the property was hiba to him from my nani. My naani was illeterate n died at a ripe old age of 100 yrs and did not had sound mind.my mama took the thumb impression in a fraud manner from my nani. They are not showing us the paper only showing from far distanc palce to my relative . The thumb impression is alsonin Q as itbos my naanis thumb impression or some one else thumb impression.

My query is.. 1) if the hiba paper is challenged do v have to prove that the hiba was done by fraud or mama has to prove the paper n thumb impression was acquired from nani withot fraud. 2) mama has sold 90% of the property.. is it necessary to mention while selling the property by mama that this property was acquired by hiba from nani. 3) what are our chances ie my mothers chances of winning the case..

4) can mama sell the property before partition suite



Learning

 1 Replies

R.Ramachandran (Advocate)     19 May 2018

1. First one has to know whether what your uncle (Mama) is showing is a Hiba or not.

2. If it was a HIBA, then whether you believe that it is made by your Nani or obtained by fraud.

3. If you think it is obtained by fraud, then what are the reasons why you think it is obtained by fraud.

4. If you strongly believe that it was got by fraud, then approach a lawyer in your area, discuss the matter with him and then take steps.

5. Whether there is any chance for your mother to win the case or not will depend upon whether the Court is also believing that the HIBA was obtained by your Mama by fraud. 

6. You yourself say that 90% of property has been already sold by your Mama. Then where is the question whether he can sell the property before partition suit or not?  - If you do not take any action, then he will sell the 100% property.  What will you do then?

Therefore, if you feel that what your Mama is doing is wrong, and the HIBA was got by fraud etc., then you have to take steps.  If you go on think whether your mother will win or not, then you will keep on thinking.  In the meanwhile your Mama will go on sell the property.

 


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