Gift is generally revocable, though due to a tradition of the prophet, revocation of gift wherever permitted is held to be abominable.
Gift can be revoked by a mere declaration and no decree of court or donee consent necessary.
Revocation of the gift is only possible by the intervention of the court of law or by consent of the done.
Type of Revocation
Before delivery of possession.
After delivery of possession.
Before delivery of possession-
Before delivery of possession, the gift is not complete, the donor has unrestricted right to revoke.
After delivery of possession-
According to Sunni law, the donor can revoke the gift either with the consent of the donee or by a formal decree of a court.
Court will grant decree except in the following cases
When the donor is dead.
When the donee is dead.
Donee is related to the donor, in the prohibited degree of consanguinity.
Donor and donee are in a marital relationship.
Subject of gift had been transferred by the donee, by sale.
Subject of gift has been lost, destroyed or so changed as to loss of identity.
Subject of gift has increased in value and the increment is inseparable.
When gift is sadaqah.
When anything has been accepted in return.
A gift to any blood relation whether within the prohibited degree or not, is irrevocable after delivery of possession.
Gift by the husband to his wife or by a wife to her husband as according to the better opinion, is revocable.
Revocation of Gift When Donor and Donee are related
Father has the right of revoking a gift made by him to his children. Provided the done has not irrevocably disposed of object received.
Gift between relation by consanguinity is only then revocable when the donor is the father or other paternal ancestors of the donee.
A gift made out of love and affection to any relative cannot be revoked. In Ghulam Mohammad v Din Mohammad, the donor was the donee’s maternal uncle. It was held that a gift by a person to his sister’s son was revocable.
Gift made to parents cannot be revoked and gift to other relation by consanguinity, whether within the prohibited degree or not are irrevocable.
Revival of Revocation
1.Where the alienation consisted in the donee making a fresh gift of it to a third person and that fresh gift is revoked by him.
1. Where the alienation consisted in the donee making a fresh gift of it to a third person and that fresh gift is revoked by him.
1. Mahboob v Abdull(1964)