Legal Question in Family Law in India
Mohmedan law
Muslim father is owner of house property. The said property came to the father from his father. He has two sons father has given � property to one son by Oral Hibba nama in the year 1992.
Accordingly two sons living separately and paid electric charges and taxes separately and doing business separately.
Father being old filed suit for possession as owner against the son and his family member.
Evidence was lead by the son as defendant there after application for framing issue regard Hibba-Nama is given which is rejected
Alteration u/s-6 x 17 is filed for amending the written statement and getting declaration of ownership by Hibba-Nama as counter claim which was also rejected till High Court.
Matter is on argument.
1)Whether defendant is entitled to get amendment for declaration of ownership by oral Hibba-Nama of 1992?
2)Whether the pleading of Hibba Nama is proved by taking two withness is sufficient inspite of there is no issue?
3)Whether is issue of Hibba-Nama is unnecessary one?
2 Answers from Attorneys
Re: Mohmedan law
Hello.
Your case needs an examination on the appeal evidence and court papers.
I would advise you to contact personally with details.
Re: Mohmedan law
Since the matter has already gone upto the High Court and the case is still pending in trial court, any comment in this situation would be inappropriate.
Moreover, an opinion in a pending case can be better recorded after perusal of pleadings, evidence and zimni orders. Therefore, it is not fair to seek opinion on this forum about an issue in a pending case.
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