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Is change of name on hibanama necessary if khula done?
07-Aug-2023 (In Muslim Law Law)
I am a Muslim woman who recently got got divorced by khula from my husband . During my marriage my late father made a registered hibanamaa in my name of some property. My question is ; is that hibanamaa still valid or do I have to change mr name on it as my surname was that of my husband's at the time ?
Hibanama will remain valid forever!
(1) Hibanama, or any kind of gift-deed is always unalterable!
(2) Hibanama is registered, obviously it must have full details of identity of your father, full details of his property and of part of the property he gifts to you through the Hibanama.
(2) And, obviously the Hibanama must also have full details of issues of your father including you.
(3) In case any dispute arises, then it will not at all be difficult for you to prove that you are the daughter to whom the part of the property father wanted to gift through the Hibanama.
(4) The Nikahnama and the Khulanama will be most important documents to prove change in your surname due to Nikah, that you had already adopted surname of your husband at the time your father executed the Hibanama in your favour.
(5) And obviously, Nikahnama always contain details of identity of parents of bride and groom both. So, identity details contained in Hibanama, Nikahnama and Khulanama will be sufficient to prove your right on the property mentioned in Hibanama.
So, whenever time comes, you can get the part of the property registered in your name on the basis of wishes of your father he mentioned in the Hibanama. Dont worry!
(1) Hibanama, or any kind of gift-deed is always unalterable!
(2) Hibanama is registered, obviously it must have full details of identity of your father, full details of his property and of part of the property he gifts to you through the Hibanama.
(2) And, obviously the Hibanama must also have full details of issues of your father including you.
(3) In case any dispute arises, then it will not at all be difficult for you to prove that you are the daughter to whom the part of the property father wanted to gift through the Hibanama.
(4) The Nikahnama and the Khulanama will be most important documents to prove change in your surname due to Nikah, that you had already adopted surname of your husband at the time your father executed the Hibanama in your favour.
(5) And obviously, Nikahnama always contain details of identity of parents of bride and groom both. So, identity details contained in Hibanama, Nikahnama and Khulanama will be sufficient to prove your right on the property mentioned in Hibanama.
So, whenever time comes, you can get the part of the property registered in your name on the basis of wishes of your father he mentioned in the Hibanama. Dont worry!
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Adv. Sandeep Naik
Indore | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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