There is a person who is trying to get my property transferred in his name through hibanama signed by my father before his death. my father died in 2014 and all his properties got transferred in my mother's and us 3 brothers names. Now this person has got a hibanama made through forgery and with two witnesses on a 50rs stamp paper. The matter is going on in tehsildar court. We never got any notice about this transfer and didn't even know about this case until a peon who works there(who is my fathers friend) told us about it. We have put an objection to this transfer but the tehsildar is saying that hibanama need not be registered and the stamp paper is valid proof for gift. My question to you sir is that how can I stop this property transfer and prove that he has forged my fathers signature. and also that all his other documents are forged.
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1) obtain handwriting expert opinion that signature is forged
2) file police complaint against fraudster for forgery , cheating , fabrication of documents
3) you have to file suit and seek orders to restrain tehsildar from transferring property in name of fraudster
Does the hibanama have to be registered or not? I mean can he get it transferred through the stamp paper ?
1)it is not mandatory to register hibanma
2) Section 123 of the Transfer of Property Act, 1882 (TPA) disposes that:
“For the purpose of making a gift of immovable property, the transfer must be effected by a registered instrument signed by or on behalf of the donor, and attested by at least two witnesses.”
, Muslims are exempted from this obligation by Section 129 of the same act:
“Nothing in this Chapter relates to gifts of moveable property made in contemplation of death, or shall be deemed to affect any rule of Mohammedan law.”
4) for valid hibanma three conditions are required to be met
. a declaration by the donor (offer)
2. an acceptance by the donee (acceptance)
3. the delivery of the property (transfer)
A Hiba may be made orally. Writing is not necessary. The donor may declare the gift of any kind of property, of any valuation, either orally or write a deed. Under Muslim Law, writing is not necessary for the validity of gift whether property is movable or immovable.
The essential conditions for a valid gift (Hiba) under Muslim Law are:
(I) Declaration,
(II) Acceptance, and
III) The delivery of possession.
You must see that if the possession of property is with him?
If not, then the hiba is not valid in the eyes of law.
In Md. Hesabuddin v. Md. Hesaruddin, a Muslim woman made a gift of her immovable properties to her son. The gift was written on ordinary paper and was not registered. The Guahati High Court held that the gift was valid because under Muslim Law writing and registration is not any essential condition for the validity of gifts.
Does the hibanama have to be registered or not? I mean can he get it transferred through the stamp paper ?
In llahi Samsuddin v. Jaitunbi Maqbul, the Supreme Court held that under Muslim Law, declaration as well as acceptance of gift may be oral whatever may be the nature of property gifted. Where a gift is made in writing, it is called Hibanama. This gift-deed (Hibanama) need not be on stamp-paper and also need not be attested or registered.
But, it must be noted that want of understanding or undue influence in making a gift must be proved very strictly. Mere fact that the donor is an illiterate person or is a woman in purdah is not sufficient to establish that the donor could not understand the legal implications of his declarations or that there was an undue influence.
Gifts must be made honestly, i.e. with a bona fide intention to give the property to the donee. A declaration of gift with an intention to defraud the creditors of the donor is voidable at the option of such creditors. However, the mala fide or fraudulent (dishonest) intention of the donor cannot be presumed only by the fact that he incurs certain debts. The mala fide intention must be fully established.
Dear sir, Here's the full story. When my father died I was studying in another city and did not have any knowledge about property affairs. This property in question was vacant land and a person named jabbar used to keep some scrap material on it, to which we didn't mind. He said that he will vacate the property whenever required. He still keeps his stuff there but now he claims that he has taken this property on rent from aziz who has received it as a gift from my father. Aziz has forged my fathers signature on a hibanama and is now trying to get it transferred in his name based on that. He had bribed officials and peons so that we don't get information about this transfer but luckily we did with the help of a peon who was my fathers friend. We are trying to fight it but since the law regarding hibanama it seems we can't do much. We have asked to get the signature verified by hand writing expert and have also met the tehsildar personally but he too seems to be taking aziz's side. Please guide me as to what steps should i take now. The property is currently registered in my name on the khasra. We also have the registry for it, but they are trying to snatch my property away from me. How can i prove that he is cheating. We have claimed in tehsildar court that aziz is not related to us in anyway and given that i and my two brothers are alive, there is no reason for my father to gift his property to a nobody and also asked the court to get signature verified. but apart from that we have nothing. Please help us save our property.
1) file declaratory suit that you are absolute owner of the property
2) seek injunction restraiuning transfer of property on basis of forged hibanma
3)enclose copy of hand writing expert opinion
4) contact a local alwyer
You can file a declaration suit to declare your title on the basis of the documentary evidences in your possession.
You may produce the evidence for your possession and enjoyment
You can file a petition seeking to restrain the opposite party from alienating or encumbering the property in any manner.