Regarding hibanama
Rishi
(Querist) 01 December 2014
This query is : Resolved
hi there,
Coming straightforward to the point i'll state that my Father in Law is a Jatt SIkh candidate and has two marriages. My wife is the only daughter from first marriage. From second marriage he has two sons.he lives in chattisgarh.
My mother in law lives here in punjab. in 1995 she purchased a plot in punjab near to her job place( she is a retd. govt. headmistress). later on in 1999(after a house was built on that plot) my father in law forcibly wrote a HIBANAMA from her side and got it registered in local tehsil office, by saying her that its a WILL.That is why he could not produce her at the time of intkal and intkal was not done. she had no knowledge about what is written in that document. in 2013 the made a transfer deed of the same property to her daughter i.e. my wife.. we got the intKal done within 10 days.. we had been in possession of that property after the transfer deed was made. Where do we stand now on legal ground. iS He the valid owner or we...
ajay sethi
(Expert) 01 December 2014
1)is the gift deed made by your mother inlaw in favour of her husband duly stamped . for gift deed it is necessary that it should be properly stamped and registered .
2)once gift deed is made your father in law would be absolute owner of property .
3)your mother in law could not have executed transfer deed in favour of her daughter ie your wife
ajay sethi
(Expert) 01 December 2014
Under Muslim Personal Law, immovable property can be transferred provided that there is an offer made by a donor, which is accepted by the recipient in presence of witnesses and the property be handed over to the recipient.
in your case your mother in law is sikh . so how could hibbanma be executed
Rishi
(Querist) 01 December 2014
Thanks a lot Ajay sethi Sir.
I'll like to bring into your kind notice that she was not aware of the hibanama,,, all she knew was a will and so she transfeered the property to her daughter later on as someone told her that she can transfer the property even after making will to someone..
what should i conclude now sir:
1) Is my father in Law able to claim the property being sikh ?
2) is Hibanama valid for sikh candidates?
one thing more sir, it is made on stamp papers duly registered by sub registrar but no posession or intkal is done afterwards.
plz help
ajay sethi
(Expert) 01 December 2014
1) obtain certified copy of the hibanma / gift deed executed by mother in law in favour of your father in law . the document executed has to be perused to advice . if document executed is a will then your mother in law could have executed gift deed in favour of her daughter ie your wife .
2) hibanma does not require registration if you are muslim . it would be valid transfer . in your case case said gift deed has been duly registered by your mother in law in favour of her husband
3) further for valid gift possession has to be delivered to the donee
4) contact a local lawyer
Rishi
(Querist) 01 December 2014
Thanks a lot Ajay Sethi sir
ajay sethi
(Expert) 01 December 2014
thanks for your appreciation
Rajendra K Goyal
(Expert) 01 December 2014
Since your Father in law is Hindu (Sikh), if hibanama was stamped / registered it is irrevocable. Take out a certified copy of the document from registrar office and consult local lawyer to find out if there exist any ground to challenge it.
Rishi
(Querist) 02 December 2014
Thanks all for showing interest in my query...
Sir, Rajendra K goyal,, i have consulted local lawyer but i think from being a small town they are not guiding me well.. As Mr. Sthi said that how is a hibanama executable if my mother in law is sikh.. But you say that if it registered it is irrevocable...
i just want to know what will be the impact of intkal that we got registered after we got
transfer done... As my father in alw did not get the intkal done..plz show me the rt way to follow.. heartily thankful to u
Rishi
(Querist) 05 December 2014
Plz consider
