‘Hiba valid for property transfer’
Sep 27, 2013
Source : The Times of India


HYDERABAD: The AP State Minorities Commission (APSMC) on 25th September issued notices to various government agencies instructing them to accept the Hiba (oral gift) as a valid method of transferring immovable properties.

Acting on a petition filed by lawyer S R Mahajir, the APSHC said agencies such as Greater Hyderabad Municipal Corporation, offices of various district administration and department of stamps and registration are insisting that registered documents pertaining to title of properties be submitted when members of the Muslim community are producing Hiba, while applying for building permission among other things.

Under Muslim Personal Law, immovable property can be transferred provided that there is an offer made by a donor, which is accepted by the recipient in presence of witnesses and the property be handed over to the recipient.

Mahajir says he has seen at least 15 instances when authorities have demanded a registered document instead of a Hibanama.

“Muslim personal law guarantees transfer of property by means of Hiba and this has been upheld in various courts of law. There have been many instances when Muslim holding valid title to property has suffered losses as authorities have demanded a registered document instead,” Mahajir said.

“They are not getting loans from banks if they want to develop a land parcel or lease a property. They also are unable to obtain building permissions from competent authorities,” he added.

When contacted APSHC chairman Abid Rasool Khan said registration officers are not allowing these people to transfer their title to third parties. “I have sent letters to the RBI so that guidelines can be given to its licensed banks which need to be informed of the validity of Hibanama. We have noted that the practice of insisting for a registered document is seen in more municipality regulated areas,” Khan said.

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