State Acquisition and Tenancy Act (XXVIII of 1951)
Section 96(10)(c)
Heba-Bill-Ewaj cannot be avoided by another registered deed but it can be avoided by a decree from the competent civil Court.
Whenever a Heba-Bil-Ewaj is registered and acted upon the same cannot be avoided by another registered deed and the only proper way to avoid the same to have a decree from the competent civil Court on any proper allegation or reason. . . .(16) [4 LNJ (2015) 165]
Hiba-bil-iwaj
It is a fact that; this case is governed by the principle of Mahomedan Law and in Mahomedan Law a hiba-bil-iwaj as distinguished from a hiba or simple gift, is a gift for a consideration and two conditions, however must concur to make the instrument valid which are : (1) actual payment of the consideration (iwaj) on the part of the donee, and (2) a bonafide intention on the part of the donor to divest himself in praesenti of the property and to confer it upon the donee. In banking upon such instrument one is to prove the required formalities in connection with the transaction and if it is proved by tangible evidence, in that case only; it can be held, that the instrument is valid in the eye of law. Where there has been no payment of the iwaz, the document cannot be a hiba-bil-iwaj and invalid in the eye of law. Onus of proof that the formalities in connection with the transaction were compiled with lies upon that individual who uphold the transaction. ...(23 and 24) [ 2017 (2) LNJ 106]