Hiba nama help & documentation
Pervez
(Querist) 11 September 2013
This query is : Resolved
Hi,
If any of you experts have good experience with muslim law and andhra pradesh law, I need your help to draft a irrevokable-hiba nama. Our previous hiba nama was drafted very poorly so we would like to change it.
Please ping me asap.
Regards,
Pervez
ajay sethi
(Expert) 11 September 2013
contact local lawyer in AP . search in LCI database base for lawyers from AP
R.K Nanda
(Expert) 11 September 2013
search google.
Rajendra K Goyal
(Expert) 11 September 2013
Contact local lawyer near your place. work out amendments in drat and be sure that these are not repeated.
prabhakar singh
(Expert) 11 September 2013
The essential conditions for a valid gift (Hiba) under Muslim Law are:
(1) Declaration,
(2) Acceptance, and
(3) The delivery of possession.
A Hiba is not valid unless these three essential conditions are fulfilled.
Declaration of Hiba may be Oral or Written but must be express with free consent of a competent donor not having any incapacity with regard to entering into contract,i.e.donor must be (i) adult (ii) of sound mind, and (iii) Muslim.,not only this but donor must be absolute owner of the property with a transferable right vesting in him to be gifted .
with regards to donee his existence is must but not the capacity,as he/she may be minor,lunatic,even a child in womb,provided
it take birth alive within 6 months of the hibba or maybe even a juristic person.
ACCEPTANCE of the hibba may be by either donee or on his behalf by his guardian.
Delivery of Possession is an act by which a donor puts the donee in possession of the property. Under Muslim law, a hibba is complete only after the delivery of the possession. Therefore, the hibba takes effect from the date on which the possession of the property is delivered to the donee; not from the date on which the declaration was made.The donor must divest himself of not only the ownership, but also of possession in favour of the donee to complete the hibba. Delivery of possession is so important in the Muslim law of hibba that without delivery of possession to the donee, the gift is void even if it has been made through a registered document.The mode of delivery of possession, i.e., how the property is to be transferred, depends upon the nature of the property gifted. All that is legally required for a donor to constitute the delivery of possession is to do something by which a donee gets the physical control over property.
Delivery of Possession,however may be (1) Actual or (2) Constructive.Under Muslim law, actual physical transfer of the property is so very much necessary that even the mutation of names or entry in official papers and records would not constitute the delivery of possession. Where the mutation proceedings have started but the physical possession could not be given and the donor dies, the gift fails for want of delivery of possession.In cases where donor is not in possession due to lease or licence created on property constructive symbolic possession can be passed.
having this much in mind you can visit a nearby muslim law knowing lawyer for making of draft which practically can not be made on this forum.
