Husband makes heba to wife and sells to another

Kindly let me know, how to proceed further. The wife has the possession of the property. The Encumberence Certificate and the property is on the third party's name.

if wife has possession as a result of hiba u can do nothing as per muslim law.even if u regd another sale deed its of no use.once a hiba always hiba

EC is made on the third party now, the posessor (wife) is unable to sell the property. This third party can sell the property to the fourth party and so on... How can the possesor proceed?

1.  Once the possession of the property is passed on to the wife, after process of Hiba (gift)  has been executed, THEN the wife becomes the legal owner of the same,  irrespective of the fact that the wife has been divorced at a later date.  However the Hiba (gift) process can be revoked by  "mutual consent"   by another registered release deed executed by both the parties (i.e. Hiba Maker and Hiba receiver)

2.  The husband can be criminally prosecuted for fraud, forgery and cheating by the wife (and also by the new buyer), for falsely executing documents pertaining to sale / lease / rent or anything else.  The subsequent Encumberence Certificate and the property on the third party's name, is invalid and illegal  and can easily be termed as a fraud and cheating on the wife, leading to a minimum imprisonment of 7 years.

Keep Smiling .... Hemant Agarwal

Gift of landed property is a transfer of wonership and is not completed until registered. Hiba does not appear to be exception. But be careful if this hiba was in lieu of mehar

Sudhit  Kumar, heba is an exception as per law, pls go to my previous forums, heba is executed if 4 clauses are met declaration, acceptance,  delivery and possesion. In this case the heba receiver has taken an injunction from the court against  the ex- husband, which implies that court accepts the ex-wife in possession and original documents i.e.  original papers of the property on ex-husbands name and original heba is in the custody of the court. The question is if the heba giver i.e. ex husband has made another sale deed to a third party during the injunction, who will be the owner of the property?  The third party or the ex-wife who is in the possession of the property.

Dear Sir

Ex husband has made another sale deed to a third party during the injunction, then he will be punishable for violation of injunction