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gcstax (n/a)     15 January 2009

Whether registration of written Hibanama is compulsory..?

Whether registration of written Hibanama is compulsory..?

Actual possession is not delivered, donee residing with the donor in disputed property.



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 8 Replies

Prakash Yedhula (Lawyer)     15 January 2009

 How is a gift made under Muslim law?

It is made by a clear and unequivocal declaration making the gift, indicating one's intention. It may be oral or in writing.


When is the gift complete?



The declaration and acceptance referred to should be followed by delivery of possession; be it delivery with regard to immovable property actual vacant possession by handing over or constructive possession, say, directing the tenants to pay rent and so on.


Is delivery of possession essential in all cases?



Delivery of possession of the property, immovable or movable, is required, but there are exceptions:


If the donee and donor are residing together in the property which is the subject matter of the gift


If the property is in possession of another person


If the gift is to the spouse


If the donor is the guardian and donee is the ward


If the donee is a bailee.


And if the property cannot be delivered.


AEJAZ AHMED (Legal Consultant/Lawyer)     15 January 2009

Sir,


" Gift (Hibanama) " can be either "ORAL" or "WRITTEN" and the same is permissible in the Eyes of Law.


Further, Transfer of Property by the Muslim to others by way of "GIFT (HIBANAMA)" is exempted from the Stamp Duty in all the states of India.


So, the "GIFT (HIBANAMA)" either Oral or Written and either Un-Registered or Registered acceptable in the Court of Law, subject to Evidence and Witnesses.


With concerned to the  Second Part of your question,


(a) It is not clear, what is the Relationship between  Dornor and the Donee?


(b) What is the dispute between the DONOR  & DONEE ? 


But, as per me, When the "DONEE" is residing in the Property which is donated by the "DONOR" under a written Hibanama, what more you want in "Actual Possession"    

Y V Vishweshwar Rao (Advocate )     13 March 2009

I agree with lrd friends and furhter add  that ;-


 A declaration in writing confirming the hiba made on previosu occation needs no registration , if it is in the nature of memorandum  of past evnet


A Hiba - Deed  declaring the proerty beign given  on the same day  under the said Deed , is required to be registered -------

Swami Sadashiva Brahmendra Sar (Nil)     13 March 2009

Mr. prakash  & mr. ahmad are right .Registration of hibanama is not compulsory.

M. PIRAVI PERUMAL (Advocate & Consumer Rights)     16 March 2009

Agree with my friends.

PALNITKAR V.V. (Lawyer)     17 March 2009

As usual Mr. Ahmad has given a very apt reply.

Mohiuddin (Consultant)     15 September 2009

Originally posted by :gcstax
" Whether registration of written Hibanama is compulsory..?
Actual possession is not delivered, donee residing with the donor in disputed property.
"


 

I intend to gift all my assets to my wife and need your assistance in drafting the hibanama. Can you please guide me on this?
 
In case of my death will the hibanama be revoked?
What is the process for my wife to transfer the legal paperwork under her name?
 

Fazal   25 November 2018

Originally posted by : Y V Vishweshwar Rao
I agree with lrd friends and furhter add  that ;-  A declaration in writing confirming the hiba made on previosu occation needs no registration , if it is in the nature of memorandum  of past evnet A Hiba - Deed  declaring the proerty beign given  on the same day  under the said Deed , is required to be registered -------

Dear Sir,

As per your reply you said that if it is in the nature of memorandum  of past event A Hiba - Deed  declaring the proerty beign given  on the same day  under the said Deed , is required to be registered.

Will you give some evidences/references related to Hiba document should be registered in some circumstances.

Warm Regards

Fazal


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