• Uniform civil code - Hiba

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 ?
Asked 3 years ago in Property Law
Religion: Muslim

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8 Answers

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 

Ajay Sethi
Advocate, Mumbai
97640 Answers
7903 Consultations

It will not affect past concluded transactions 

Yusuf Rampurawala
Advocate, Mumbai
7771 Answers
79 Consultations

The past settlements will not be disturbed. But the new issues will be settled as per the uniform civil code.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

 No it will not be with retrospective effect so no impact on hiba

Prashant Nayak
Advocate, Mumbai
32959 Answers
211 Consultations

- 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.

Mohammed Shahzad
Advocate, Delhi
14788 Answers
225 Consultations

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

 

Anik Miu
Advocate, Bangalore
10435 Answers
121 Consultations

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. 

T Kalaiselvan
Advocate, Vellore
87833 Answers
2366 Consultations

Dear Sir,

It is settled law that most of the laws will have prospective effect and retrospective effect. Uniform Civil Code may not bring changes in the personal law thus Hiba will remain the same, not to worry too much,

Kishan Dutt Kalaskar
Advocate, Bangalore
6193 Answers
492 Consultations

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