Hc or sc rulling about validity of hiba bil awaz deed
md neshat ahmad
(Querist) 22 December 2015
This query is : Resolved
Dear Sir,
My Grand father has transferred his entire properties to all his sons and daughters through Registered deed of Hiba Bil Awaz in 1984. In deed it is Clearly written in the deed that they have got the Awaz ( consideration). In 1988 my Father is died . In 1992 my Grand father cancelled the Hiba Bil Awaz deed in registar office by saying that they have not got the Awaz ( consideration). He died in 1995. In 1997 my uncle has disturb our possession saying that the Deed is cancelled and you people donot have any right to the property as your father is died during the lifetime of your Grandfather as per mohammadan law you are majhoom ( do not have any share in grand father property). we have file a case in civil court in 1997 regarding declaration of deed asking that
1. Registered deed of Hiba Bil Awaz is a Valid document and we have the right and title in the property.
2. Registered deed of cancellation is a Void document. Defendant do not have any right in our property.
we have won the case in 2003 and court have declared that the Hiba Bil Awaz deed is valid and cancellation deed is not valid.
now the defendants have challenge the court verdict to district judge and saying tha possession is not delivered to Donne by Donner
Please Provide us Hight court and Supreme court rulling to support my case.
alexander
(Expert) 23 December 2015
Hiba bil Iwaz means - a gift for a gift already received. that would mean that the donner has made a gift in return of a gift - both the actions are simultaneous.
Furthermore when the Hiba bil Iwaz transaction has been completed and registered it cannot be declared invalid nor can the registration of the Hiba bil Iwaz be set back. Registration gives a final seal of completion
Rajendra K Goyal
(Expert) 23 December 2015
Lower court has decided in your favor, appeal is pending.
Whether the fact of non delivery was raised in lower court?
Full case file has to be referred, consult local lawyer.
K.S.Srinivas
(Expert) 26 December 2015
I go with the expert Sri Alexander.
H.M.Patnaik
(Expert) 30 December 2015
I also agree with the opinion given by Mr. Alexander.
T. Kalaiselvan, Advocate
(Expert) 02 January 2016
The defendants reason for appeal is the new ground created now for the purpose of appeal which was not pleaded during he trial of the case in the lower court, hence it is not maintainable.
Further the reasons mentioned by expert Mr. Alexander is another ground which will be a favorable situation to you in the appeal.
