Hiba
Shaikh Farooque
(Querist) 07 October 2012
This query is : Resolved
Dear Sir / Madam,
I am a Muslim & have some property (farm & village Land) from my maternal side which is under dispute as many people have acquired it as we had no one to look after because my mother & her sister with no brothers of theirs after marriage had left the village in U.P. long ago.
Now at the young age of 55+ yrs. I have decided to try & get them back in our custody & then dispose them off.
At the moment I am looking thru the records to trace the property. My cousin brother wants to do Hiba in my favour though as I mentioned above I am still looking for the property. Is it alright for him to do Hiba in my favour inspite of the fact by just mentioning that he his is doing Hiba for his share of the Nanihal (Maternal) property in my favour.
Kindly help me by enlightening me.
Thanking You
With Kind Regards
Shaikh
ajay sethi
(Expert) 07 October 2012
contact a local lawyer . advisable to go in for regsitered gift deed
prabhakar singh
(Expert) 07 October 2012
YOU ARE MUSLIM THEN HIBA CAN BE ORAL ALSO.
BUT A BIG BUT IS THAT HIBA MUST BE SPECIFIC AND POSSESSION OF SUBJECT MUST BE DELIVERED THEN WHEN IT IS NOT CERTAIN WHAT HAS TO BE GIVEN IN GIFT FOR WHICH STILL A TRACE IS GOING ON,IN MY VIEW NO HIBA CAN BE MADE.
Shaikh Farooque
(Querist) 08 October 2012
Respected Sirs,
First, let me thank you for your response.
But, if in the affidavit it is stated that I am doing Hiba for my share in all the property in my Nanihal which includes 'A','B','C' & 'D' property. Then, will it be right ?
