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9 Main Cases When The Gifts As Irrevocable Under Muslim Law
9 Main Cases When The Gifts As Irrevocable Under Muslim Law
9 Main Cases When The Gifts As Irrevocable Under Muslim Law
Irrevocable gifts are those gifts which, after the delivery of possession, cannot be
revoked even by court. In the following cases, the gifts are irrevocable:
Under the Shia law, a gift by husband to wife or vice-versa is revocable even after the
delivery of possession.
(2) Where donor and the donee are within the prohibited relationship:
Where the donor and the donee are so related to each other that their marriage is
void on the ground of consanguinity, affinity or fosterage, they are within prohibited
relationship. In such a case, gift by one to another is irrevocable. For example, gift by
a brother in favour of his sister is irrevocable.
Under the Shia law, if donor and donee are related through blood, though not within
the prohibited relationship, the gift is irrevocable.
If, after the completion of a gift a court attempts to invalidate it, then decree would
have to be passed against the heirs of the donee. This is not possible because heirs
of the donee or donor were not party to the transaction of the gifts.
(4) Where the donee has transferred the property to another person:
After completion of the gift the donee becomes an absolute owner of the gifted
property. As such, the donee may transfer that property to another person. If a gift is
revoked when the donee has already transferred the property to a third person, then
interest of that third person would be affected and he would be put to loss without any
fault of his own.
(8) Where the Gift has been Made to Secure Religious or Spiritual
Benefits:
Where a gift is made not out of natural love and affection, but with religious motives,
its revocation may amount breach of a religious promise which is not permissible. A
gift for religious or spiritual purposes is called Sadqa which is irrevocable.