Hibanama as per muslim law
Najam Ali Khan
(Querist) 09 February 2018
This query is : Resolved
Dear Learned Sirs,
I have a query. Kindly advise me. For my ancestral property of Dada, which was divided between 2 brothers and 1 sister as per Shariah (40, 40, 20 ratio). One is my father, other is my Chacha and 3rd is my Phuppo.
Around 25 or more years back, it was decided that the plot belonging to all three will be given to my father name as Hiba. My chacha and my phuppo gave possession of the land to my father and left their rights orally in witness of my Chachi, My phuppa and few other relatives.
The land is in our possession since then and nobody has any claim on it from any side. Now I want it to put on paper. I want a HIbanama from both parties (my chacha is no more now and only my phuppo is left). Kindly advice how to proceed and get it on papers. I have read my articles and judgements where it is confirmed that Hiba can be done orally and no document is needed if three conditions are fulfilled and if any written deed is there it will serve as the document of evidence. Also the gift deed Hibanama need not be registered through Registrar under Registration Act.
Kindly advice how to proceed further and get it on papers either through Court or any other way as my father cannot afford to pay for registry fees as he is a small time pensioner.
Thanks in advance.
Regards
J K Agrawal
(Expert) 10 February 2018
You are well advised already. No hibanama required as you already have valid one. Instead of seeking a written hibanama, you just file a suit for declaration. I suppose the donors will agree. If they don't, contest and get an order. If suit for declaration cost much to you you can file injunction suit. it will also serve your purpose.
