Challenge to hiba

atif javaid (Querist) 22 October 2011 This query is : Resolved
My grand father has agriland property about 10 ackers and he has done hib of 06 ackers to his one son on 24.01.2011 . Rest of one son and two daughters are deprived from 06 ackers. After his death on 29.09.2011 we can to know that more than 50 % property has been transfers to one son. My question is can we challenge in court under what ground and how much chances we have to get our share from that hiba property.

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atif javaid (Querist) 22 October 2011
AWAITED FOR YOUR EXPERTISE.

Raj Kumar Makkad (Expert) 22 October 2011
If the property of your grandfather was self acquired, he would have even made Hiba of his entire property and none would have legally challenged him. In the given matter also, you have got no right to challenge hiba in civil court as your objection s merit-less.

Adv.Shine Thomas (Expert) 23 October 2011
There is no chance to get a share from the hiba property.

Sailesh Kumar Shah (Expert) 23 October 2011
No reason to differ from Ld. Experts.

Guest (Expert) 23 October 2011
agree with Mr. Makkad only in the case where property is self acquired in case if the property is ancestral than you can challenge for your part only and if the other member comes with you it will be in addition to you also.

M V Gupta (Expert) 23 October 2011
Under Mohammedan law all property whether purchased or inherited by a person is considered as the person's absolute property and he can during his life time deal with it in whatever manner he thinks fit. Hence the gifting of 6 acres of property out of 10 acres to one of the sons cannot legally be questioned. On the death of the father the remaining property has to be shared by all the sons (Including the one who got the hiba) and daughters in accordance with the shares to which they are entitled under the Sunni or shia law as applicable.

prabhakar singh (Expert) 24 October 2011
I do not no why Mr. Makkad refers to word "ancestral"in a Mohameden case.

In Mohammeden law an owner has no clog on his title and can sale ,hibba all he owns ,only his right to WILL is restricted to 1/3 rd of what he owns.

So unless this HIBBA in question can be vitiated on ground of some fraud coercion or misrepresentation or undue influence the HIBBA WOULD BE VALID.

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