• Selling of property received received by hiba Muslim gift

How to sell property received by hiba a muslim gift unregistered but put in writing and notorised for record purpose.
Asked 4 years ago in Property Law
Religion: Muslim

4 answers received in 2 hours.

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16 Answers

Registration of hibanama is not mandatory

2) however advisable to register it as no bank is willing to grant purchaser loan fir purchase unless it is registered

Ajay Sethi
Advocate, Mumbai
87901 Answers
6207 Consultations

5.0 on 5.0

Registration has to be done within maximum period of 8 months from execution of hibanama

Stamp duty and registration charges vary from state to state

Ajay Sethi
Advocate, Mumbai
87901 Answers
6207 Consultations

5.0 on 5.0

1. The gift deed or hiba done by a Muslim does not require registration.

2 So if with the execution of the gift deed the possession was also handed over to the donee then the hiba is valid and enforceable.

3. Now if you wish to make it away from any dispute you can get the registered which is though optional.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1.Under Muslim Law a gift i.e hibanama is not required to be registered. Mere delivery of possession aby the donor and acceptance by the donee completes the gift.

2. The donee is free to sell the property through sale deed to be executed by him in favour of the buyer. Stamp duty and registration charges can be answered only by a local lawyer as these vary from one state to another.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Sir under muslim.law the gift is not required to be registered so he same can be sold based on the unregistered written document.

The property can mutated in name.of donee based on the gift deed and then same can be registered to another party for sale.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

For registration of gift a gift deed can be presented before the sub registrar on payment of applicable stamp duty and registration charges.

Further the same.procedure is for.sale a sale.deed is made.according value of property stamp duty need to be paid and then it can be presented for registration before sub registrar and can be registered.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hi,

it is suggested to get the land transfer recorded with the registrar to avoid any complications.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

First you have to get that property registered in your name and payment of requisite stamp duty which is very less almost 2% after that you will be able to sell that property and the buyer space for the registration amount in case you are facing any financial difficulty you can make an agreement and let the buyer finance your registration and later and you can do an agreement to sell the property

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. a hiba involves 3 essentials -

a. declaration by donor of his intention to gift

b. acceptance by donee of the gifted property

c. delivery of possession of gifted property by donor to donee

2. there has to be 2 witnesses to witness the above 3 steps

3. for a hiba, NO WRITING OR REGISTERED DOCUMENT is needed whatsoever

4. if the 3 essentials are duly complied with, then the gift is complete

5. the parties can record the above hiba transfer by a Memorandum and get it notorised. Which is done in your case

6. such a memorandum does not of itself transfer the title of ownership from donor to donee - because the title is already transferred to the donee by the oral gift explained in para 1

7. since such a memorandum is not transferring any title or ownership, it does not need to be registered at all

8. the title of donee is already established by the oral gift known as hiba

9. even the transfer of property act contains an exception that a oral hiba recorded by a subsequent memorandum does not require any registration

Yusuf Rampurawala
Advocate, Mumbai
6878 Answers
79 Consultations

5.0 on 5.0

Hello,

You have to convert the title in your name and execute a sale deed.

Regards.

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

Gifted property need to be mutated in the names of donees. After gift deed donee becomes the owner, donee can sell, gift or mortgage it.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

1. Execute a proper Sale Deed, with signatures of the original holder plus the present holder and the Purchaser. This will be sufficient for all futuristic legal purposes.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Get the mutation done one the basis of Hiba and then after acquiring the title you may sell the property

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Get in touch with a local lawyer who will tell you the expenditure and the process involved.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Registration of Hiba document is not mandatory.

Based on the Hiba document, a registered sale deed can be executed.

T Kalaiselvan
Advocate, Vellore
78059 Answers
1543 Consultations

5.0 on 5.0

How to register ,expenses involved?The hiba is Husband to wife and son to mother.Two cases may be in future,

Sale deed can be executed even without registering the Hiba document.

If you would like to register the Hiba document, then prepare a fresh one because a document can be registered within four months of its execution and not beyond that.

You may contact a document writer who will be able to guideyou and do this job on his payment terms.

T Kalaiselvan
Advocate, Vellore
78059 Answers
1543 Consultations

5.0 on 5.0

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