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Hiba in muslim personal law (Property Law)

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This query is : Resolved


Author : Rizwanulla Khan

Posted On 14 December 2011 at 19:41

Dear Sir, I appreicate if you can advise me on the following issue:

Father has given as Hiba part of his property to 2 daughters and four sons leaving one elder son. For elder son he had registered as per the local law a part of the property when he was infant.

Sir, I request to clarify following:
Is this Hiba valid?
Can elder son dispute this hiba given to his sisters and brothers. Regards, Rizwan




Expert : prabhakar singh

Posted On 14 December 2011 at 21:41

Yes! The Hiba is valid.

No,elder son can not dispute the hiba so long father,the donor of hiba,is alive.



Expert : Member (Account Deleted)

Posted On 14 December 2011 at 22:34

The make has only the right on the hiba till his life.

The elder son cannot challenge the nature, contents, properties of hiba. it is a gift



Expert : Shailesh Kr. Shah

Posted On 14 December 2011 at 22:49

Hibba is valid in the eye of law.



Expert : Devajyoti Barman

Posted On 15 December 2011 at 08:04

Yes it is valid even if the same is not registered.



Expert : PS Dhingra, dcgroup1962@gmail.

Posted On 15 December 2011 at 13:11

Hiba is valid, as Donor's powers are unrestricted in Mohammedan law. You can't dispute.


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