Asif 20 April 2021

Oral Hiba on mortgage

Hello everyone, have a small query.

Can a Oral Hiba be given on mortgage property ?

Can a mutation entry be done on the mortgage property ?

*even if there's no NOC from the lenders side

if it's done, can it be challenged in court even if the limitation period has gone by

Reply Follow

Quick Summary

This discussion addresses the legality of giving an oral Hiba (gift) on a property that is already mortgaged. It questions whether a mutation entry can be made on such a property, even without a No Objection Certificate (NOC) from the lender, and if such an entry could be challenged in court. The consensus is that gifting a mortgaged property is a prosecutable offence.