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Naim (-----)     24 August 2010

Gift deed (Hiba)

I purchased a plot 2000 sq feet in 2002,

I made a gift deed to my retired father (Hiba) got nottary done in 2006,

I got married in 2007,

I took hoam loan to contruct on same plot of Rs 9 lacks in 2009, 

My wife filed 498a and PWDVA in 2010.

My question

1. Is that gift deed is valid? as i took loan by mortgaging the same plot, not revealed to bank authority regarding the gift deed i made.

2. Can my wife claim on the house i constructed? 

3. Can I get register the same house after paying the loan to my father to whom i made a gift deed and will it be  valid?

Thanking you all in anticipation

Regards

Naim



Learning

 4 Replies

G.G.Shaikh Advocate M:9898038990 (lawyer)     24 August 2010

yes  your wife can  claim on the house i constructed in pwda but you can also

get register the same house after paying the loan to my father  before  your wife make claim for it .

g. maiyuddin advocate


 

1 Like

G.G.Shaikh Advocate M:9898038990 (lawyer)     24 August 2010

yes  your wife can  claim on the house i constructed in pwda but you can also

get register the same house after paying the loan to  your father  before  your wife make claim for it .

g. maiyuddin advocate


 

C Ramasami (B.Sc.,M.A.,B.L.)     31 August 2010

If the gift is being made by a musalman question of registraion will never arise at all.  Because oral gift is valid as per mohamedan law.  But if it is being made by a hindu then the registration is must. So far 498 issues is being considered apart from personal liability related to the property liability is being based upon the religional laws only. by c. ramasami dgl.

imtiaz ahmed (pharmacy)     10 April 2012

Sir, My father had formed a layout on a 4acre land and made a gift deed(HIBA) to me and my 2brothers and 2sisters. I had got 20sites through the gift deed(hiba) from my father as my share during the year 2004. Now how can i sell this plots to a hindu. Anyone who had expertise in hiba deeds and have knowledge and experience in selling such properties can help me. Thanks in advance. Regards, imtiaz ahmed.

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