Transfer of property

Shahnawaz (Querist) 21 November 2014 This query is : Resolved
Sir i am resident of J&K , I am adopted son . my mother has her own house and land in kashmir being owner she intending to transfer it on my name besides i am also her nephew also which is in blood relation from her parent home , kindly give me advice how she can transfer her property to me

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Raj Kumar Makkad (Expert) 21 November 2014
As she is your mother, you can even get her will and if you want transfer during her life time then she can definitely make hibba of her 1/3 share as permitted under Muslim law.

Shahnawaz (Querist) 21 November 2014
@raj kumar makkad ,,, as i said earlier she is the owner of whole property 1/3 share as per muslim law is the share inherited to women from her parents ,, you took my query in other way ... my question is how she can transfer her owned or inherited property whatsoever to me except " hiba ",,, there must be some transfer property act ,,, look i cant pay the duty on hiba that is why

Devajyoti Barman (Expert) 22 November 2014
Hiba is not required to be executed through deed or any stamp duty is required to be paid either.

Rajendra K Goyal (Expert) 22 November 2014
She can make a will of her share.

Raj Kumar Makkad (Expert) 22 November 2014
Hiba is defined technically as:-

"Unconditional transfer of property made immediately and without any exchange or consideration, by one person to another and accepted by or on behalf of the latter".

According to Fyzee, Hiba is the immediate and unqualified transfer of the corpus of the property without any return.

No duty is required in this process.

Shahnawaz (Querist) 24 November 2014
THANX @ RAJ KUMAR MAKKAD

T. Kalaiselvan, Advocate (Expert) 25 November 2014
I agree with the experts views that 'Hiba' is the most convenient and cost free method of getting her property transferred on your name.

Shahnawaz (Querist) 05 December 2014
Patwari has told my mother to execute declaration before court , wherein my mother will accept that she has given me right on the property , then the declaration will be entered by the Revune department on records ,,,,,, IS THIS LEGAL WAY