Hiba in muslim personal law

This query is : Resolved 
 

(Querist)
14 December 2011

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

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prabhakar singh (Expert)
14 December 2011

Yes! The Hiba is valid.

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



Guest (Expert)
14 December 2011

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

Shailesh Kr. Shah (Expert)
14 December 2011

Hibba is valid in the eye of law.

Devajyoti Barman (Expert)
Click to Talk
15 December 2011

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


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



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