Hibba Nama

shivraj (Querist) 27 December 2008 This query is : Resolved
Muslim father is owner of house property. The said property came to the father from his father. He has two sons father has given ½ property to one son by Oral Hibba nama in the year 1992.

Accordingly two sons living separately and paid electric charges and taxes separately and doing business separately.

Father being old filed suit for possession as owner against the son and his family member.

Evidence was lead by the son as defendant there after application for framing issue regard Hibba-Nama is given which is rejected

Alteration u/s-6 x 17 is filed for amending the written statement and getting declaration of ownership by Hibba-Nama as counter claim which was also rejected till High Court.

Matter is on argument.
1) Whether defendant is entitled to get amendment for declaration of ownership by oral Hibba-Nama of 1992?
2) Whether the pleading of Hibba Nama is proved by taking two withness is sufficient inspite of there is no issue?
3) Whether is issue of Hibba-Nama is unnecessary one?

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M. Sahul Hameed (Expert) 14 January 2009
I have some doubt about query.

1. whether the son stated in additional written statement the property alineated by him by virue of Hiba executed by his father in favour of him and handed over posession immediately after exection of Hiba.
2.in what aspect the High court held regarding hiba nama.
3. what reason stated in additional written statement for taking additional pleading of Hiba nama.