Regarding hibanama,transfer process and ownership

Haseeb Tech Tutoral's (Querist) 05 May 2021 This query is : Resolved
Hello,
Our house was taken on lease 100 years ago and now the lease is expired its is 15 years up now , before we use to pay rent to mutwali but 15 years before he stop taking it I have receipts also, and other things this property is on my grandmother's name and she has done transfer to my dad when he was 12 years old but now my grandmother expired and my father has not given that document in city survey office to take transfer on his name....in 7/12 my grand mother's name is there if we submit document to transfer it on my father's name which has witness signs hiba agreement and all things will my fathers name come in 7/12 ? My other question we have all registered documents, we are paying water tax ,house tax we have all things so now mutwali is torturing us to give back this house to him so please tell how can we tackle this and are we owner of this property ? What we can do please give ur solution

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This discussion concerns a property leased 100 years ago, with the lease expiring 15 years ago. The family has possessed the property for a century, paying rent initially, but the Mutwali stopped accepting payments. Despite a Hiba transfer document from the grandmother to the father, it was never registered. The family holds tax receipts and other documents, but the Mutwali is now demanding the property back. The advice suggests reviewing all documents, potentially filing a suit for declaration of title, and considering adverse possession, as the 7/12 records are not definitive title documents and the Hiba transfer may be invalid post-lease expiry.

KISHAN DUTT KALASKAR (Expert) 05 May 2021
Dear Sir,
The contents are more important. You may file suit for declaration.

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Asgher Mahdi (Expert) 05 May 2021
In your instant query need to look and review all the documents to gives you legal opinion.Verily, it appears from your case that the property where you are claiming so might be under trust or wakf under Muslim sharia Law I believe and more so, the wakf have now more tooth to evict you. Why cant you approach an advocate by shelling some money towards his consultant fee and take an opinion?

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Haseeb Tech Tutoral's (Querist) 05 May 2021
Asgher mahdi sir I have my father's name in 7/12 and there it shows BADA PATTA where have possession since 100 years we have contract of mutwali in which every thing is written with two witness and we are paying tax and tax recipients are also comes with my grand mother's name .....and other thing which I predict about jagirdar he dont have any documents which I hold so can it be done like if I give him some money to permenant settlement or there is no need for this I face him directly him in court if he dont agree

T. Kalaiselvan, Advocate (Expert) 06 May 2021
As per your contention it is a leasehold property and not a freehold property.
Also you have mentioned tht the lease period came to an end 15 years ago and that the Mutawali stopped accepting the rent from the date of termination of the lease agreement.
The 7/12 records are not title document.
As a matter of fact your grandmother cannot transfer this property to your father's name especially after the expiration of the lease agreement.
The oral Hiba also is no doubt valid and it is legally acceptable but the essence of gift/Hiba is not available here.
Hiba is governed by the Muslim Personal Law.
Hiba is a transfer of property by act of the parties and not by operation of law.
Under Hiba, a living Muslim voluntarily transfers the ownership of any property to another living person. Hence, it is a transfer inter vivos.
Hiba is operative with immediate effect and deprives the transferor of his control and ownership over the property. Moreover, as the property is passed immediately to the transferee, the property must be in existence at the time when the gift is made. A gift made for a property which will exist is future is termed as void.

Thus you may weigh the probabilities to retain the property legally or you can approach court of law with a suit for declaration of title by perfecting law of adverse possession on the basis of documentary evidences in your support to prove your possession.

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Haseeb Tech Tutoral's (Querist) 28 May 2021
T.kalaiselvan sir,
My grandmother has made HIBA to transfer the property when my father was 11 i have that bond document in which written when my father get above 18 this property will get transfer to my fathers name but mistake which done by my father is he has not submitted this document in office to update his name in 7/12.............another thing i want to ask i want your suggestion can we get extension from court ? or we have to vacant the property ? or i can see him in court when he do something,..................another thing is my grandmother taken this property in 1971 and in 1972 or 1973 i have ine NOC in which (with 200 rs NAZRANA) my grandmother purchase this property from jagirdar so what is this now can guide me

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