Hiba in muslim can be cancelled?

adv.bharat @ PUNE (Querist) 31 August 2016 This query is : Resolved
In Nov.2011 my client get hiba from X.
Now in 2016 my client know that X had again made hiba with another person.
My client had registered hiba. He had rented that property. His fathers name was in record of right. Now question is
whether hiba made by x is cancelled?

what relief my client get?

Thanks for suggestion.

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Raj Kumar Makkad (Expert) 31 August 2016
Hiba once given and accepted by donee cannot be cancelled, however, it is to be seen that Muslim cannot bequeath more than 1/3 share of his entire property.

Ascertain the situation accordingly.

Rajendra K Goyal (Expert) 01 September 2016
Hiba can not be cancelled till all parties to it agree / there was no title with the person executing Hiba, other technical grounds.

Kumar Doab (Expert) 01 September 2016
Muslim law : gift without delivery of possession was void ab initio.

P. Venu

(Expert) 01 September 2016
The question is whether your client had accepted the gift and had he been put in possession.

Dr J C Vashista (Expert) 03 September 2016
Nothing more to add.

adv.bharat @ PUNE (Querist) 04 September 2016
Thank you to all expert for their valuable suggestion.
My client had accepted gift and his name is also recorded in 7/12 extracted.

Kumar Doab (Expert) 04 September 2016
If necessary requisites of HIBA are satisfied then your client should have better footing.

P. Venu

(Expert) 04 September 2016
Whether the requisites of HIBA have been satisfied is a question of fact, not necessarily of records. Entries in revenue records, 7/12 extracts included, are not conclusive as to title.