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Author Topic: HIBA - Transfer of Property  (Read 1291 times)

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Offline mvzaid

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HIBA - Transfer of Property
« on: June 15, 2015, 10:58:10 AM »
This is regarding the inheritance of the property. Kindly give us the legal opinion on this. This is pertaining to the HIBA Islamic Sharia on inheritance.

My grandfather had a property consisting of house and a rented shop which he received from my great grandfather. My grandfather had 1 son(my father), 3 daughters. My father died in the year 1999, and shortly after his death, my aunts forced my grandfather to do the HIBA of the said properties and within six months after my fathers death, the property was transferred against HIBA of Islamic Sharia wherein He (grandfather) in his life did hiba and gave 4 equal shares of house (3 to his daughters and 1 share to his 2 grandson (elder grandson being myself), 1 granddaughter (my brother and sister) were minors and my mother was made guardian in the HIBA document and shared in the 5:5:5:2:2:1 ratio. Myself, mom and brother residing in the said house for the past 30 years since my father was alive and my grandfather was living with one of her daughter. Meanwhile, my aunt (my father's elder sister passed away in the year 2005), and then now last year in 2014, my grandfather passed away, but the said property is not enjoyed by none of them. The rented shop is given to only 2 daughters (1 alive, 1 dead). All are registered as HIBA at the registrar office.

I would like to know whether the HIBA can be cancelled or we as a grandson are entitled in our grandfather property after his death in spite of we were given 1/4th of share in only house. We were kids when this things were done citing my father's demise, they never wanted it to be inherited to us.

Kindly suggest a legal opinion on this.

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