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Author Topic: What to do to prove that the "hiba" is Valid  (Read 637 times)

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Offline wasda

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What to do to prove that the "hiba" is Valid
« on: October 03, 2013, 11:33:22 AM »
My mother expired on 27th June 2013, my father did not sleep after that for 10 days so he got mentally unstable for the lack of sleep and he was admitted in the hospital on 7th July. He was released on 25th July but besides other medicine, he was on serenece (a medicine required to keep a person mentally stable) and he was mentally stable after release from the hospital. Since he was 74 years old he developed lungs infection after coming back so he was again admitted to the hospital on 4th August 2013. On 21st August he expired due to multiple organ failure. On 4th early morning, before going to the hospital, he called upon 2 of his nephews and in front of them wrote a “Hiba” gifting everything to me his only daughter and declining everything to his only son. I have got the fatwa done and according to the “Hiba” everything goes to me and it stands correct.
What my brother wants to prove now is that my father was mentally unstable when he wrote the “Hiba” in front of his 2 nephews so it is not valid even though we know that he wrote the “Hiba” in his full consciousness. The doctor had visited my father at home on 3rd night and he also knows that my father was mentally stable but he doesn’t want to write that down in pen and paper as he doesn’t want to be dragged in the court. How do I prove that my father was mentally stable when he wrote the “Hiba”?

 

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