Property registration against hiba
javed ahmad
(Querist) 14 August 2015
This query is : Resolved
Sir,
My Mother gifted our parental house(in my mother name) to two brother under oral HIBA documents.
I have the few question
1. Can I register my portion of house from these papers
2. Does it require signature of my brother and mother for registration
3. This property comes in urban area of UP
3. Any other suggesation from your side.
Regard
kavksatyanarayana
(Expert) 14 August 2015
@author, the gift deed is a registerable document as per registration act. your mother and brother shall execute the gift deed in your favour. the stamp duty and registration fee shall be paid as per prescribed by the govt. of UP.
Kumar Doab
(Expert) 14 August 2015
If you register It is for your benefit.
The following judgment may be pursued:
Supreme Court of India
Hafeeza Bibi & Ors vs Shaikh Farid(Dead) By Lrs. & Ors on 5 May, 2011
http://indiankanoon.org/doc/1734626/?type=print
The AP State Minorities Commission (APSMC) seems to have issued.............. notices to various government agencies instructing them to accept the Hiba (oral gift) as a valid method of transferring immovable properties.
http://timesofindia.indiatimes.com/city/hyderabad/Hiba-valid-for-property-transfer/articleshow/23072098.cms
P. Venu
(Expert) 15 August 2015
HIBA requires no registration.
Rajendra K Goyal
(Expert) 15 August 2015
No separate registration is required for registered gift deed.
Consult local lawyer and show him all the documents.
