‘HIBA AN ACCURATE WAY TO TRANSFER PROPERTIES’

The State Minorities Commission of Andhra Pradesh, on 25 September, issued circulars to various government agencies asking them to accept Hiba (oral gift) as a valid method of transferring immovable properties. Acting on a petition filed by lawyer SR Mahajir, APSHC said agencies such as Greater Hyderabad Municipal Corporation, offices of various district administrations 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. Under Muslim Personal Law, immovable property can be transferred provided 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. “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 a Muslim holding valid title to property has suffered losses as authorities have demanded a registered document instead,” Mahajir said.