It would only have prospective effect
it would not affect Hibanama executed earlier
better option is to register the Hibanama to confer clear and marketable title to property
Hi, If uniform civil code is implemented, Will this have an impact on the hiba law. What happens to the properties settled through hiba in the past ?
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It would only have prospective effect
it would not affect Hibanama executed earlier
better option is to register the Hibanama to confer clear and marketable title to property
The past settlements will not be disturbed. But the new issues will be settled as per the uniform civil code.
- HIBA is an unconditional transfer of property, made immediately and without any exchange or consideration, by one person to another and accepted by or on behalf of the latter.
- Further , As per Muslim Law , A HIBA of movable or immovable property is valid , whether it is oral or in writing, whether it is attested or registered or not, provided that the delivery of possession has taken place.
- Further , like a Gift deed , there should be two witnesses for verifying that the said document has been prepared in their presence.
- It will not be effected if uniform civil code is implemented , specially if the HIBA executed before passing the code.
Dear Sir
If uniform civil code is implemented, it will only be applicable for future transactions.
You will not face any problems over existing properties which were acquired through Hiba law in the past.
However to be on the safe side, you can just make sure that all your properties are registered and you have the clear title to it.
Thank you
The proposed uniform civil code has not even been considered due to objections from various sides.
However if such a law is enacted it would have prospective effect only.
Hence there's no need to reopen the settled matters hence your fears are unnecessary.