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Ahmed (CEO)     24 April 2014

Oral hiba

Dear All!

Good Day!!

Is a muslim mother "entitled to make oral hiba of her own immovable property" to any one of her child out of "One son and Three daughters" under Muslim Shariah?

Regards

Ahmed



Learning

 1 Replies

Lawyer SALEEMA KABEER (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     04 May 2014

No doubt, oral Hiba is permissible under Mohamaden law. If there is no dispute regarding oral Hiba , then it is o.k.

 

If the hiba is disputed and the title of the donee is questioned after the death of donor, it is practically difficult to establish the same.

 

Mere possession of property by one of legal heirs, doesn't mean that the property was conveyed to him by way of oral hiba.

 

If any written document was executed by the donor to convey the property to donee, then it should be registered under Indian Registration Act.

 

Note that if any hiba is given by a donor when he/she is on death bed, it will be treated only as Will not as Hiba.

 


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