oral hiba
Waseem Ahmed
(Querist) 17 July 2015
This query is : Resolved
Property was purchased in 1976 with my grandfather's money in the name of his wife (my grandmother) and two children. Grandfather died in 1986 leaving behind 8 children.
All members living in the building with their families as per oral partition paying their own electricity bill etc.
Grandmother died two months back.
Now the remaining two registered owners are claiming ownership as per registry, whereas all of us have mutually partitioned the property in 1992 as oral hiba.
How to defend ourselves?h
M/s. Y-not legal services
(Expert) 17 July 2015
Being in possession is the only thing which is favor to your case.
But oral partition is hard to prove. Just consult any of your local lawyer
Rajendra K Goyal
(Expert) 17 July 2015
Partition / hiba should have been registered, oral difficult to prove.
Anirudh
(Expert) 18 July 2015
What do you mean by "All members living in the building with their families"?
How are you connected to the property - i.e. what is your relationship to the owners of the property?
Are you one of the off-spring of the two children of your grandmother?
Whether the two children of your grand mother are sons? or both daughters? or one son and one daughter? Pl. specify.
Waseem Ahmed
(Querist) 19 July 2015
All are sons. I'm not the offspring of any of the registry holders. Both the registry holders are my taya.
Anirudh
(Expert) 19 July 2015
You say that the deceased was your grand mother, yet you say that you are not the offspring of any of the registry holders.
Then how are you related to your grandmother - through your mother or through your father?
If so, what happened to your mother / father?
Why don't you give a complete detail of the situation fully instead of telling the facts in bits and pieces?
P. Venu
(Expert) 23 July 2015
Hiba is gift under Muslim Law. It requires no registration.
Waseem Ahmed
(Querist) 24 July 2015
Thanks venu ji. But if after giving possession etc the donor changes his mind then what can be done ?
Waseem Ahmed
(Querist) 24 July 2015
Shall We file a declaration suit?
