hiba
Querist :
Anonymous
(Querist) 03 June 2011
This query is : Resolved
in continuation to my query i am thankful for the replies received from experts further i like to know the hiba was made in the year 1995 on a non judiciary stamp of the year 1988 the person who gave died after the said date from that date the person to whom hiba was given is in possession,and enjoyment of the said property . know a dispute has been raised by one of his relative in 2000 who lives out of country on grounds that the hiba is not valid/fabricated for which he is reling on the fact that the person who notarised the hiba has died before the said date by producing a letter of a assocition who them selves do not know how they knew the said person died, the association is only contemplating that it is written in there records without any proff or details of the same, we challeged the said argument that a letter of a association is not valid ,we tried to locate the said notary but his wereabount are not known,what remedies we have and what ground can we take to protect our rights and moreover the oppocite party never challenged the hiba but only the notary, will notary effect my document validity, pl give what rights/ground the person can take with citations if any.
barun deka
(Expert) 04 June 2011
contrary to the provisions of 123 TP, a hibanama need not be registered, attested or notarized for that matter....Any person acquainted may vouch for the declaration.... The other two cardinal requirements of acceptance and delivery of possession shall also not depend on any notarized instrument.... Therefore you need not worry about the notary
