Enquiry related hibba document

Mubarak (Querist) 11 June 2012 This query is : Resolved
Dear Sirs,
My family: father, step mother, 2 brothers (1 direct brother 1 step brother), 2 sisters (1 direct sister, 1 step sister) All brothers & sisters are married.
Myself & my direct brother were made separate houses with our own earnings.
Our old house where my father & step mother is living not yet separated.
Land of this house in the name of my grand father and the house was constructed by my father with his Own earnings.
My grand mother made one HIBBA document about 10 years ago, clearly mentioned, 1) vacant land 2 pieces in her name should be shared by myself & my direct brother 2) as the land of the house in her husband name, her portion should be shared by myself & my direct brother.
Currently, my father registered the whole house in my step mother name.
Q: 1) Is the house registration legal?
2) can we registered 2 pieces vacant land in our name?
3) Is there any possibility to get my portion from the house?

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adv. rajeev ( rajoo ) (Expert) 12 June 2012
on the basis of the hibba you can get declare your share, but accepting of gift is very iimportant

Anirudh (Expert) 12 June 2012
Dear Mr. Mubarak,

You have to give the following additional information, before your query could be appropriately answered.

1. When did your grandfather die?
2. Whether your grandmother is alive today?
3. When your grand father died, how many son(s) and daughter(s) he left behind?
4. Whether you belong to Shia or Sunni?

Adv.R.P.Chugh (Expert) 12 June 2012
1. For Hiba to take effect - there has to be a declaration/acceptance/delivery of possession (when giving to own heirs it is not necessary) - if above is done then hiba takes effect and registration in step mom's name can be got set aside.

2. If the document was not a memorandum of gift but a document by which gift was purported to be effected (consult a local lawyer to understand) then in the former hiba is valid in the latter - without registration hiba is ineffective.