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Hiba Nama - sale of property

(Querist) 24 August 2013 This query is : Resolved 
Our mother gave us - 2 brothers a piece of land on hiba Nama. The hiba Nama is on stamp paper but not registered. Can I transfer the property to my name? Or can I sell this property without transferring to my name.
Pervez (Querist) 24 August 2013
This hiba Nama happened a week ago.
Pervez (Querist) 24 August 2013
Someone speculated that recent supreme court ruling made hiba nama useless. Awaiting your response.
prabhakar singh (Expert) 24 August 2013
Your's is a perfect deed of Gift.Donees.you two brothers are owners and competent to transfer before or after mutation in your name subject to agreeing for that by prospective buyer.

To transfer it to kids you need to do what your mother did.
Rajendra K Goyal (Expert) 24 August 2013
Gifted property need to be mutated in the names of donees. After gift deed donee becomes the owner, donee can sell, gift or mortgage it.
Sri Vijayan.A (Expert) 24 August 2013
This is perfect gift.

Q.Can I transfer the property to my name or my kids' names?
A.YOU CAN TRANSFER TO YOUR NAME AND NOT TO YOUR KIDS

Q.Can I sell this property without transferring to my name.
A.YOU CAN SELL IT.
Raj Kumar Makkad (Expert) 25 August 2013
You have become owner to your share by way of registered gift deed and thus can sale ro transfer it as per your free whims and wishes.
Pervez (Querist) 07 September 2013
Thank you dear lawyers for your answers.

I have a follow-up question.

What is the procedure to transfer / mutate the property to my name with the help of hiba nama?

Rajendra K Goyal (Expert) 07 September 2013
If agricultural property get the mutation done in revenue records. If urban property get the mutation done in Municipal committee and other department where the record exists.
Sri Vijayan.A (Expert) 07 September 2013
I agree with Mr.Goyal
Pervez (Querist) 09 September 2013
Dear Lawyers,

What is the procedure for mutation.
What documents do i need?
Does the donor have to be in person during this process?
Can I just take the hiba nama and original property documents to the registration office and mutate the property in my name?

Thanks in advance.

Regards,
Pervez
Rajendra K Goyal (Expert) 09 September 2013
You have not mentioned what type of property is it. For Agr. land, apply to Tehsildar with copy of gift deed. No need of original donor. For any practical difficulty consult local lawyer.

No need to go to Registration office for mutation.
Pervez (Querist) 11 September 2013
Edited question needs help.


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