When a gift cannot be revoked?

Before delivery of possession of gifted property the respective gift may be revoked at any time or if the delivery of possession has been take place revocation of gift may be take place; (i) by the court, or (ii) by the consent of the donee. Otherwise, a gift may not revoke after following incidents;-

(i) When the donor is death;

(ii) When the donee is death;

(iii) When both parties are under prohibited decree;

(iv) When both parties are stand in matrimonial relation;

(v) When the gift is heba-bil-iwaz; etc.

(i) When the donor is death: If the donor is death after completion of gift, the revocation of gift is not possible.

(ii) When the donee is death: If the donee is death after completion of gift, the revocation of gift by the donor is not possible. If the legal heirs of the donee give consent to revoke the gift, then the gift may be revoked.

(iii) When both parties are under prohibited decree: If both parties of the respective gift are under prohibited decree, then the revocation of the gift is not possible. Example of prohibited decree e.g. brother and sister etc. If the opposite party give consent to revoke the gift, then the gift may be revoked.

(iv) When both parties are stand in matrimonial relation: When both parties are stand in matrimonial relation which means if the husband makes a gift to his wife or vice versa, such gift’s revocation is not possible at all. If the opposite party give consent to revoke the gift, then the gift may be revoked.

(v) When the gift is heba-bil-iwaz: When a gift is made through heba-bil-iwaz or if there is a consideration for the gift such gift cannot be revoked. If the opposite party give consent to revoke the gift, then the gift may be revoked.

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).