Hiba

Mohammed Ameen Sait (Querist) 29 December 2011 This query is : Resolved
Dear Sir,

We are a muslim charitable Organisation having received an immovable property from a donor by way of HIBA. The HIBA had been recorded in the form of an Affidavit which had been duly notorised but not registered. Please advise how to get the Property Tax and Patta transfered into our Organisation's Name. What rules should we quote to the concerned authorities to get the name trnasfers done. We shall be very obliged for your kind advise. Thanking you.

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Mohan munjal advocate (Expert) 29 December 2011
Hiba deed i.e. Affidavit produced to concerned authorities for mutation. If concerned authorities refused to mutation then you should file a suit for declaration in court.

prabhakar singh (Expert) 30 December 2011
Why you people ask questions after taking actions, why not before that.I entertained this query yesterday on part of donor and now donee has come.
Look if affidavit is in present form stating that gift has been made by that affidavit then that is illegal.
A Muslim is allowed to make a valid gift called HIBBA orally but if he chooses to make a gift in writing then he is required to go for its registration.
That is why I suggested in that query to draft a YAADDASHT memorandum of gift as there i was told that gift was made orally
06 month before but now mutation of donee is to be done.

But now donee has come here with improve fact of affidavit that i dislike,you can not get correct advises by playing hide and seek game with experts.

Unless you give me privilege to reed the affidavit as a whole i can not be able to give you any advise as what is now required to be done!!!!!!!!!!Then attach affidavit if desire to have any solution from me in particular.

prabhakar singh (Expert) 30 December 2011
And if you are in UP then any oral gift if recorded in writing in any form shall attract NOT registration but full stamp duty,only pleadings in court are exception.