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Rizwan Aga   31 October 2015

Hiba incorrectly registered by notary

A Hiba document was incorrectly notarised by a Notary (the notary registaration number of the document was not written on the document), now the donor has passed away. The Sub Divisional Officer (Revenue) is not acknowledging the document now. Is there any other method of proving that the HIBA is true and correct in nature and just because the Notary did misfeasance the HIBA is is not void as per Mohammedan Law.

Kindly help me learned Sirs.



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 2 Replies

Laxmi Kant Joshi (Advocate )     31 October 2015

There is no need to notarize a hibba document by the notary, hibba document is directly registered in sub registrar office (SRO) for its legal validity and for enforcible by court of law, anyhow it will not make any problem if notarization number is not given on hibba document, if the revenue authority required or demand so then you can get the notarization number from the same notary advocate by making an affidavit, your hibba document is not registered in SRO office, the legal heirs of donar can challenge the hibba document in the court of law.

Rizwan Aga   02 November 2015

The Hiba document was made 10 years back i.e. in 2005. The Donor does not have any legal heir. Also, As  per Section 52 of the Mahomedan Law (Mulla's Principles of Mahomedan Law, 19th edition), there is no recognition of right by birth in property held by father or forefather.

So, should I get an affidavit from the Notary and also Affidavit of all the witnesses present at the time of execution of the Hiba.

Thank you.


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