hiba nama

Waseem (Querist) 21 May 2011 This query is : Resolved
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Waseem (Querist) 21 May 2011
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adv. rajeev ( rajoo ) (Expert) 22 May 2011
file an application before the concerned revenue authority to get enter your name.

Guest (Expert) 22 May 2011
i agree with mr rajeev

Waseem (Querist) 22 May 2011
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Khaleel Ahmed Mohammed (Expert) 23 May 2011
Oral gift is valid as per Islamic Shariath, which in very much enforceable in our country India.
There is no need to execuate any document regarding the gift. If document is excuted for the property valued above Rs.100/- such document must be registered.
The requisites of the oral gift is the donor shall donate the property to the donee, the donee must accept the delivery of such gifted propety with physical pocession in presence of two major wittnesses.
For mutation of the property , you are advised to take a notarial affidavit of your mother with all the details of the oral gift, and accompany with application to your concerned revenue authorities.

R.Ramachandran (Expert) 23 May 2011
Mr. Khaleel Ahmed is absolutely right. There are three basic requirements for a valid gift by a Muslim (either a woman or a man). They are"
(1) Parties to the gift (a) donor and (b) donee;
(2) Subject matter of the gift; and
(3) essential ingredients of making of a gift; (a) declaration (Ijab) by the donor;
(b) Acceptance (Qubool) by the donee;
(c) Immediate delivery of possession (Qabza).

A gift by a Muslim can be validly effected orally. Based on the oral gift, mutation of property can be sanctioned in favour of the donee. [refer Illahi Shamsuddin NAdaf v. Jalunbi Makbul Nadaf decided by the SC on 14.7.1994.]

Follow the advice of Mr. Khaleel Ahmed.

Waseem (Querist) 23 May 2011
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