ryan (owner) 04 July 2012

Release deed or gift deed or hibba doucement

Dear Sir,

Iam Ryan from pune, we have a joint property an open land which was purchased back in 1980s. During that time it was purchased in one of my cousins name due to some family reasons.

1.Can we execute a release deed between me and my cousin for the said property. do we come under "blood relation" act as we both are first cousin, my father and his father are real brothers.

2.Is it necessary to register a Release deed or notarized is enough to transfer the name on the 7/12 extract and become the rightful owner of the property.

3.We also come under "Muslim law", so if we make a "HIBBA" doucement is it necessary to register it? Please let me know the simple, safest and cheapest form for transferring the name for the said property in my name.

Thanks & Regards,

Ryan

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2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 04 July 2012

Hiba in Islamic Law is a gift of the corpus of the property without any return. It is not required to be in writing or registered. An oral hiba - can validly effect a transfer of title, but it is always profitable to later reduce it into a memorandum of hiba that happened. There are only three essentials - i) Declaration of Gift ii) Acceptance iii) Delivery of Possession - which may be actual (you stepping onto the land and taking possession physically) or symbolic - getting the keys or putting on a board.

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ryan (owner) 04 July 2012

Sir,

What is your opnion about the release deed, Between me and my cousin.

is that possible ....do we come under blood relationship. Please post your

learned advise on this.

thank you.