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Abubakar (IT Systems Engineer)     05 August 2011

Property of hiba

Hi experts,

My name is abubakar, i'm from hyderabad . we are about a purchase a property , the history of the property is listed below.

1. The property was initially purchased by a muslim lady Khatoon begum from MCH in 1985.

2. Then after some years the property was transferred by the muslim lady khatoon begum to his cousin brother M.A. Rahman using the "HIBA" act.

3. The HIBA document is on a Indian Non-judicial paper signed by both Khatoon begum and M.A. Rahman.But it is neither notarized nor registered. Is this document valid.

4. M.A. Rahman died in 2007 and is survived by 7 Daughters , 6 sisters and 1 wife.

5. All the heirs want to sell the property by a giving GPA to one of their son's.

6. But when we took the EC from the Mandal revenue officer , the EC shows the name of Khatoon begum. Is this harmful.

7. Are these documents valid , can we go ahead with this deal.

8. Please clarify me on this deal ,as it involves our life savings.

regards

abubakar



Learning

 2 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     05 August 2011

Mr. Abu Bakar! There has never been s valid hiba between Kahtoon and his cousin brother Rehman. Without registration Hiba (gift) has no value so owner is still Khatoon Begum and if any deal is to be made then contact Khatoon Begum or her legal heirs, if she is no more.

adv. rajeev ( rajoo ) (practicing advocate)     05 August 2011

Hiba is generally known as Gift in Mohds.  Registration is not necessary.  Oral gift is valid in Mohds.  But gift should be acted upon, it means taking of possession is must and donor must vacate the gifted property immediately.

But the property transferred and reduced in to wriing such document should be compulsority registrable documents.  So it is to be known the contents of the gift deed.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      


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