Mutation Hibanama
Zameer Razvi
(Querist) 30 May 2016
This query is : Resolved
Res
My Grandfather was executed hibanama in favour of my uncle, since 2006 no mutation entry yet to be taken by talathi.
Hibanama is unregistered, executed as per Muslim law,
Oral hiba under Muslim law is valid
A month ago I have applied for mutation on the basis of hibanama, but, talathi refused because there are no column in mutation register, what should I do?
Zameer Razvi
(Querist) 31 May 2016
My Grandfather died, few days after execution of hibanama
Zameer Razvi
(Querist) 31 May 2016
My Grandfather died, few days after execution of hibanama.
T. Kalaiselvan, Advocate
(Expert) 04 June 2016
A hibanama cannot be held as valid if the same has not been acted upon by the donee, i.e., not accepted by the donee during the life time of the donor.
You have to follow the succession route only as per Muslim personal law relating to inheritance.
Zameer Razvi
(Querist) 05 June 2016
Thanks T.Kalaiselvan Sir
Rajendra K Goyal
(Expert) 10 June 2016
The reason mentioned by the concerned department is not reasonable / baseless / vague, discuss with local lawyer and proceed to get court orders for entering the mutation.
T. Kalaiselvan, Advocate
(Expert) 10 June 2016
If the mutation action not taken by the authorities despite having made an application in this regard by the applicant, then, as suggested by our expert Mr. Rajendra K Goyal, you can drag them into the court of law seeking direction agaisnt them for granting you necessary remedy and relief.
Especially since you have your hibanama as a registered document, this should not be a problem, however the refusal by the talathi may be first taken with the higher official of the land revenue department to redress your grievance, if you dont get any response or relief then you may approach court for remedy to this.
