Hiba claimed after owners death
yasmin parbatani
(Querist) 06 December 2014
This query is : Resolved
My brother in law was nominated for a flat in Mumbai co-operative Housing society by my mother in law. After my mother in law’s death the shares were transferred on his name as a nominated person. Instead transferring the flat on legal heirs (there are three brothers including the one who was nominated for the flat and one sister) name he registered the property on his own name. When the legal heirs claimed for the share he put forward a claim for hiba ( an oral gift in Muslim as we are Muslims)The shares of the flat in the society were transferred on his name as a nominated person after my mother in law’s death. Till my mother in law’s death she was official owner. The hiba as he claims is validate? there is nor any written proof for his claim can he get the whole property? Can the legal heirs file a criminal complain?
ajay sethi
(Expert) 06 December 2014
nominee is only trustee for legal heirs . you have to file suit for partition claiming your share in property . your brother in law will have to prove oral gift made by mother in law in his favour .
also obtain an injunction restraining brother in law from creating third party rights in respect of flat .
no need to file criminal complaint
Rajendra K Goyal
(Expert) 06 December 2014
File case of partition and also for stay on creation of any third party interest in the property by brother in law.
T. Kalaiselvan, Advocate
(Expert) 10 December 2014
The burden of proof of 'Oral Hiba' will lie on the person who claims the benefits through such an idea, hence file a partition suit and watch for the developments and challenge the same as per law of the land.
