Zero Obligation ? Muslims Won’t Have To Register Properties That Are Gifted: Maharashtra Government

September 18, 2018

If a Muslim in Maharashtra gifts an immovable property, he/she will not need to register the same as it shall be applicable to all gifts given according to the Mohammedan Law, including cases where the gifts are presented orally.

Even if the deed hasn’t been registered, the gift of immovable property will be valid (written or oral), says Maharashtra government. The revenue department confirmed the news and will now issue directives to district revenue departments and tahsildars across the state, instructing them to take even the unregistered gift deed on record.

Payment of stamp duty, registration fees will be excluded. The Transfer of Property Act (1882) and Maharashtra Stamp Act (1958) makes it compulsory for the registration of the gift. Despite this, the government has decided to cite the 2015 ruling of the Nagpur Bench of the Bombay High Court to establish that the conditions are not to be applied to Muslim donors, according to a report by The Indian Express.

Under the Mohammedan Law, gifting property is known as ‘Hiba’. The decision has been confirmed by the Minister of Revenue for Maharashtra Sanjay Rathod and announced that it applies to gifts given in the past too.

Source : Swaraya

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