HIBA
Querist :
Anonymous
(Querist) 02 June 2011
This query is : Resolved
A HIBA GIVEN ORALLY AND RECITTED WITH A DOCUMENT ON A NON JUDISIARY STAMP PAPER WAS GIVEN AND ACCEPTED AND THE POSSESION WAS HANDED OVER. A NOTARY WAS DONE BY A NOTARY EADVOCATE BUT HE DIED NOW THE OTHER PARTY IS CLAIMING THAT THE HIBA IS NOT VALID AND PRODUSING A ASSOCIATION DOCUMENT TO PROVE THAT THE SAID NOTARY ADVOCATE DIED BEFORE THE EXECUTION OF THE SAID NOTARY. NOW THAT NOTARY ADVOCATE IS NOT TRACABLE NOR HIS FAMILY IS TRACEBLE. HOW WILL THIS EFFECT THE DOCUMENT AND WHAT REMIDIES WE HAVE AS WE DONT HAVE ANY THING TO PROVE WHETHE RTHE ADVOCATE DIED AFTER THE NOTARY. IS SUCH NOTARY ANY WAY EFFECT THE VALIDITY OF THE DOCUMENT.
Devajyoti Barman
(Expert) 02 June 2011
Death of notary has nothing to do with the validity of hiba.
Since the Hiba is not a compulsorily registrable document, it does not require notarisation at all.
If the donor out of his free will has gifted the property and there was valid giving and taking of possession of the property, you have nothing to worry.
prabhakar singh
(Expert) 02 June 2011
AN ORAL GIFT(CALLED HIBA JUBANI)IS ALLOWED AND RECOGNIZED BY LAW ONLY IN BETWEEN MUSLIMS
MOHEMDAN PARTIES.A CAN TAKE PLACE BY HANDING OVER POSSESSION BY DONOR AND ITS' ACCEPTANCE BY PERSON RECEIVING THE GIFT.
TRUE! NO WRITING OR NOTARIZATION WAS LEGALLY
REQUIRED.
BUT A NOTARIZATION HAS TAKEN PLACE AND THAT HAS BEEN CHALLENGED ON THE GROUND THAT NOTARY CLAIMED TO HAVE NOTARIZED THE DOCUMENT, HAD DIED MUCH EARLIER BEFORE THE DATE OF NOTARIZATION,THEREFORE,THE DOCUMENT OF MEMORANDUM IS FABRICATED.
TO MY MIND IF THEY SUCCEED IN PROVING THAT IT SHALL GO TO THE VERY ROOT OF THE CASE.
IT SHALL BECOME A STRONG PEACE OF CIRCUMSTANCE THAT PARTY CLAIMING GIFT IS NOT FAIR,AND IF IT CAN GO TO THE EXTENT OF FABRICATING A PAPER,WHY SHOULD COURT BELIEVE ON ITS' ORAL STATEMENT OF GIFT.
SO UNLESS THE PERSON WHO GIFTED IS ALIVE AND READY TO STATE IN COURT ON OATH THAT GIFT WAS MADE AND ACCEPTED,THINGS MAY TURN WRONG.
Advocate Bhartesh goyal
(Expert) 02 June 2011
Yes,as per muslim law hiba{gift} can be given orallly and even if it is in writing than also it is not required to be registered. so don't worry about it's notarisation.
prabhakar singh
(Expert) 02 June 2011
ONE MORE CLARIFICATION IF THIS GIFT IS A UP CASE THEN AFTER A PARTICULAR CUTOFF DATE ANY WRITING IN RELATION TO A GIFT THAT HAS TAKEN PLACE IN PAST ALSO REQUIRES REGISTRATION.
prabhakar singh
(Expert) 02 June 2011
Mr.GOYAL SEEMS TO BE A LITTLE CONFUSED ON THE TOPIC.
AN ORAL GIFT IS ALLOWED IN LAW IF PARTIES ARE MUSLIM.
NO BODY CAN DISPUTE IT,I TOO NOT DISPUTING IT.
BUT EVEN IF MUSLIM PARTIES ELECT TO MAKE GIFT IN WRITING AND NOT ORALLY, IT WILL HAVE TO BE REGISTERED IF RELATES TO IMMOVABLE PROPERTY.
SITUATIONS MAY ARISE, AS HERE IS ONE WITH PROBLEM IN HAND, WHERE MUSLIM PARTIES ELECT AND COMPLETE A LAWFUL ORAL GIFT AND THERE AFTER THEY AGREE TO REDUCE ITS MEMORANDUM IN WRITING,POPULARLY CALLED"YAADDASHT"
IT IS THIS DOCUMENT WHICH ONE CAN SAY DOES NOT REQUIRE REGISTRATION-AND HE WOULD BE CORRECT IN HIS SAYING SUBJECT TO STATE AMENDMENTS-IN UP FROM SOME TIME PAST IT HAS BEEN MADE CLEAR BY LAW THAT FROM THE DATE OF AMENDMENT IF ANY KIND OF WRITING IN ANY PAPER IS MADE THAT AN ORAL GIFT HAS TAKEN PLACE IN PAST THEN IT SHOULD GET REGISTERED FOR BEING ADMISSIBLE IN EVIDENCE.
IT IS NOT KNOWN HERE IF THE GIFT UNDER CONSIDERATION IS FROM UP OR ELSEWHERE.AND MOREOVER WHAT IS THE DATE OF NOTARIZATION.
THE NEXT POINT IS THAT IF THIS NOTARIZATION FALLS THROUGH ON THE CHARGE OF FABRICATION, THEN WHAT WEIGHT SHALL BE ATTACHED TO ORAL STATEMENT OF THE SAME PARTY,MORE PARTICULARLY WHEN PERSON WHO MADE THE GIFT IS NOT BEFORE THE COURT TO ADMIT THE FACT THAT HE MADE THE GIFT.???????????????
Devajyoti Barman
(Expert) 02 June 2011
Dear Mr Singh even the written gift executed by the Muslim does not require registration as decided by the Supreme Court in Hafeeza Bibee case.
Arif Iqbal
(Expert) 02 June 2011
Mere gift and acceptance is necessary. gift deed by, and in favour of a muslim is not compulsorily registrable.
