When a gift can be revoked?

According to Muslim law, all voluntary transactions are revocable. As gift is a voluntary transaction and there is no consideration in the form of gift, so a gift can be revoked under Muslim law.

Although the revocation of a gift is abominable not only from moral point of view but also from the view of hadiyth, but still revocation is valid under certain circumstances.

Revocation of gift may be made either before delivery of possession or after delivery of possession. So the revocation of gift may be made on following ways;

1. Before delivery of possession; or

2. After delivery of possession;

1. Before delivery of possession: The donor has a right to revoke the gift before delivery of possession of respective gift property. Before delivery of possession of respective gift property the transferor has unrestricted right to revoke the gift since the gift is not completed. The donor may revoke the gift at any time before delivery of possession.

2. After delivery of possession: Normally, if the delivery of possession takes place the gift cannot revoke by the donor himself. Though the possession of the property has been delivered to the donee, such gift may be revoked by two ways;-

i. By the Interval of court;

ii. By the consent of the donee;

i. By the interval of court: If the court thinks that the gift should revoke, then the court may give decree/ judgment for canceling the gift. But before the decree of the court, the donor has to prove that revocation of the gift is necessary and the donor does not know the consequences of such gift, then the court will give decree to revoke the gift.

ii. By the consent of the donee: when the donee gives his/ her consent that the gift should revoke, then the donor will gain the power to revoke the gift. Otherwise, the donor will not be able to revoke the gift. In this fact, the consent of the donee is must, without donee’s consent revocation may not take place.

Written With The Help Of Refference Book:

Mulla’s Principles Of MAHOMEDAN LAW (19^th Edition)

Written By: M. Hidayatullah & Arshad Hidayatullah (India).

Text Book Of MOHAMMEDAN LAW (23^rd Edition)

Written By: Aqil Ahamad (India).

MUSLIM LAW (17^th Edition-2014)

Written By: Syed Khalid Rashid.

Revised By: Prof. V. P. Bharatiya (India).

Text Book On ISLAMIC LAW

[Including Statutory Family Laws]

Reprint: May 2009(1^st Edition)

Written By: Dr. Muhammad Faiz-Ud-Din (Bangladesh).