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How to proceed with unregistered HIBBA
07-Jun-2023 (In Property Law)
I have a Flat registered in my grandmothers name. she expired 4 years ago. And i have Hibba agreement in my name which was given to me long time ago. But the Hibba is not registered in the registration department. However it is signed by the Notary. I want to sell my home now. Can i go ahead for selling the flat with gift deed of settlement ? Will the gift deed be valid for sales? Kindly advice on this. Thanks.
Sir,
Your grandmother has given hiba in your name. The Hiba (gift need) is an immediate and unconditional transfer of the property and does not requires registration. Elderly person witnessing the hiba is sufficient to prove hiba. The condition of handing over of the possession of the property from your grandmother to you is the necessary ingredient of validating the hiba. If you are in complete possession then it became your absolute property by terms of Hiba., Then you can very much sell it to any one.
Your grandmother has given hiba in your name. The Hiba (gift need) is an immediate and unconditional transfer of the property and does not requires registration. Elderly person witnessing the hiba is sufficient to prove hiba. The condition of handing over of the possession of the property from your grandmother to you is the necessary ingredient of validating the hiba. If you are in complete possession then it became your absolute property by terms of Hiba., Then you can very much sell it to any one.
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Adv. GP Vijay
Chennai | 200+ Answers
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