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TABLE OF CONTENTS:

I. INTRODUCTION ……………………………...……………………………. Pg 5

II. OBJECTIVE OF THE STUDY…….…………………………….……………Pg 6

III. RESEARCH METHODOLOGY………………………………………………Pg 6

IV. HYPOTHESIS………………………………………………………….………Pg 6

V. SOURCES OF DATA……………………………………………………...…. Pg 6

VI. LIMITATIONS OF THE STUDY……………………………………………. Pg 6

VII. CHAPTERIZATION

1. INTRODUCTION TO GIFT UNDER MUSLIM LAW………………………. Pg 7

2. ESSENTIAL OF A GIFT………………………………………………………. Pg 7

3. KINDS OF GIFT UNDER MUSLIM LAW………………………………….... Pg 9

4. CONSTITUTIONAL VALIDITY OF HIBA…………………………………...Pg 10

5. REVOCATION OF GIFT……………………………………………...………. Pg 11

A. BEFORE DELIVERY OF POSESSION…..………………………………. Pg 11

B. AFTER DELIVERY OF POSSESSION……………………………...….....Pg 11

C. ABSOLUTELY IRREVOCABLE GIFT…………………………………....Pg 12

D. CASE LAWS RELATED TO REVOCATION OF GIFT……...…………...Pg 15

E. REVIVAL OF REVOCATION…………………….…………...…………...Pg 16

6. CONCLUSION, CRITICISM & SUGGESTION………………………….…….Pg 16

VIII. BIBLIOGRAPHY………………………………………………………………..Pg 17

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INTRODUCTION

The concept of Gift, or Hiba in Muslim law has existed from the very inception of the religion,
circa. 600 A.D. While Muslim Law has not been shown to recognise the differentiation of land
into estates, it does recognise the difference between the ownership of the land and the right to
enjoy it.

Unlike English Law, ownership comes only with the full deed of the land and not with the
simple possession or temporary tenancy. Hiba is only one of the aspects covered by the Transfer
of Property Act under the term ‘gift’. It is the transfer of the property and all rights along with
it, without expectation of any compensation.

The term Hiba has been defined in several aspects by the courts of India and, pursuant to this,
the term has also been seen to exclude all nature of services, for services do not exist at the
time of the promise- they can only be performed after the promise to perform is made, which
implies that the same cannot fall under the definition of Hiba which requires the object to be in
physical existence at the time of the gifting. It has been widely construed that the term mal has
to apply to the object so gifted for the laws of Hiba to apply.

Surprisingly enough, all gifts are revocable before the actual transfer of property is made (i.e.)
any person can unilaterally revoke his or her promise to gift before the promise is fulfilled.
After possession, the laws of revocation differ between Sunni and Shi’a laws.

According to Ameer Ali, “A hiba is a voluntary gift without consideration of property or the
substance of thing by one person to another so as to constitute the done the proprietor of the
subject-matter of the gift.” Muslim law allows a Muslim to give away his entire property by a
gift inter-vivos, even with the specific object of disinheriting his heirs. [Abdul vs. Ahmed,
(1881) 8 IA 25]

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OBJECTIVES OF THE STUDY:
 The researcher’s prime aim is to present a detailed study of "Revocation of Gift (Hiba)
under Muslim Law", through articles, affirmations, decisions and suggestions.
 The researcher aims to descriptively provide a critical overview of the topics arising.
 The main goal of this research is to understand the legal position in Indian context.
 And also to know about evolution of related case law(s) with changing spectra of
society.

RESEARCH METHODOLOGY:

The researcher will be relying on Doctrinal method of research to complete the project. These
involve various primary and secondary sources of literature and insights.

HYPOTHESIS:

 “Hiba” has a narrow meaning when compared to the English term “Gift”.
 Gift is not contract, But in Mohammedan Law gift is called a contract.
 The concept of gift is diametrically opposed to any presence of consideration or
compensation.

SOURCES OF D ATA

1. PRIMARY SOURCES
a. MUSLIM PERSONAL LAW (SHARIAT) APPLICATION ACT, 1937
2. SECONDARY SOURCES
a. BLOGS
b. BOOKS

c. CASE COMMENTARIES.
d. JOURNALS

LIMITATIONS OF THE STUDY:

The researcher has territorial, monetary and time limitations in completing the project.

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1. INTRODUCTION TO GIFT UNDER MUSLIM LAW
A hiba or gift is "a transfer of property, made immediately, and without any exchange," by one
person to another, and accepted by or on behalf of the latter.
'Gift' or 'Hiba' literally means the giving away of such a thing from which the person in whose
favour the gift is made may draw benefit. The definition of Hiba or Gift has been given in
Kanz al Daquiq in the following words: " Hiba is the making of another person owner of the
corpus of property without taking its consideration from him."1

Thus, gift is the transfer of movable or immovable property with immediate effect and without
consideration by one person called the donor to another person called the donee and the
acceptance of the same by one himself or by some one authorised on his behalf, provided that
making the gift must totally renounce all his title and rights in the property gifted away of his
independent free will.2

The basis of the principle of gift is the Prophet's saying, "Exchange gifts among yourselves so
that love may increase."3
Whether a document is a gift deed or a will, can be gathered from the recitals in the document.
Even the title given to it is not conclusive of its true nature. Therefore, the terms, conditions
and recitals alone determine the nature of the disposition. They are to be taken as a whole.
Where the disposition of the right, title and interest accrues in praesenti it cannot be treated as
will because in a will the disposition is carried into effect after the death of the maker. When
once it is clear from the recitals that the ownership has been transferred in praesenti absolute
it is a gift and any condition imposed on the enjoyment of the property is invalid. The gift must
be accepted and completed by such delivery of possession as the nature of the property admits.4

Hedaya , 482; Baillie, 515. ( see , and s. 122 also s. 129 )

2. ESSENTIAL OF A GIFT
A Hiba is not valid unless these three essential conditions are fulfilled. The essential conditions
for a valid gift (Hiba) under Muslim Law are:

I. Declaration of Gift:

Declaration is a statement which signifies the intention of the transferor that he intends to make
a gift. The person who declares that he is transferring his property through a gift is called donor.
The person in whose favour the gift is made is called donee. Declaration is, therefore, the

1
Al-Nasafi, Abdullah B Mahmud; Kanz al-Daqaiq , Cairo p. 352
2
See, Dr Tanzil-ur-Rahman, A Code of Muslim Personal Law Vol. II p 1
3
Al-Marghinani, Burhan al-Din; Al-Hiadaya, Quran Mahal, Karachi Vol. III, p. 283
4
Ibadat Ali v. Baldia Co-operative Bank 1968 II A.L.T. 124

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manifestation of the intention of the donor to divest his ownership in the property and to vest
it in the donee.

II. Acceptance of Gift:5

Gift must be accepted by the donee. Donee is that person in whose favour the gift is made. Gift
is a bilateral transaction. It takes place between two persons. In the transfer of property by way
of gift, the first step is the declaration of gift by the donor and the second is the acceptance by
the donee. Acceptance signifies the intention of the transferee (donee) to take the property and
become its owner. Without acceptance a gift is not complete.

III. Delivery of Possession:6

Delivery of possession is an act by which a donor puts the donee in possession of the property.
Under Muslim law, a gift is complete only after the delivery of the possession. Therefore, the
gift takes effect from the date on which the possession of the property is delivered to the donee;
not from the date on which the declaration was made.

The donor must divest himself of not only the ownership, but also of possession in favour of
the donee to complete the gift. Delivery of possession is so important in the Muslim law of
gifts (Hiba) that without delivery of possession to the donee, the gift is void even if it has been
made through a registered document.

Muslim law does not presume transfer of ownership rights from donor to donee without the
delivery of possession of the property. Importance of delivery of possession has been given in
Hedaya as under:

“The possession of a property is necessary in order to establish a right of property in the gift
because right of property is not established in a thing given merely by means of the contract
(i.e. declaration and acceptance).”

The mode of delivery of possession, i.e., how the property is to be transferred, depends upon
the nature of the property gifted. All that is legally required for a donor to constitute the delivery
of possession is to do something by which a donee gets the physical control over property.

A donee is said to be in possession of a property “when he is so placed with reference to it that


he can exercise exclusive control over it, for the purpose of deriving from it such benefit as it
is capable of rendering or as is usually derived from it.” A delivery of possession may be either
(i) actual or (ii) constructive.

5
http://lawstudentshelpline.com/index.php/muhammadan-law/2-uncategorised/382-q-what-is-hiba-who-
can-make-a-hiba-what-are-the-essentials-of-a-hiba-is-a-hiba-made-with-intent-to-defraud-creditors-valid,
6
Sinha, R.K. ‘Muslim Law’, Central Law Agency, Allahabad, 2006, p176.

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3. KINDS OF GIFT UNDER MUSLIM LAW

A. True hiba-bil-iwaz
Hiba-bil-iwaz means, literally, a gift for an exchange. It is of two kinds, one being the true
hiba-bil-iwaz , that is, hiba-bil-iwaz as defined by the older jurists, and the other hiba-bil-iwaz
of India. In the former, there are two acts, namely, (1) the hiba , which is followed by (2) an
independent and uncovenanted iwaz ( return-gift , that is, an iwaz not stipulated for at the time
of hiba . In the latter, there is only one act, the iwaz or exchange being involved in the contract
of gift as its direct consideration (Baillie, 122). In the true hiba-bil-iwaz , the hiba and iwaz
are both governed by the law of gifts. There must be delivery of possession of both the hiba
and iwaz , and they are both subject to the doctrine of mushaa . The donor may even after
delivery revoke the gift (167) at any time before the iwaz is delivered to him, but after delivery
of the iwaz neither party can revoke his gift. The transaction consists of two distinct acts of
donation between two persons, each of whom is alternately the donor of one gift and the donee
of the other.7
B. Hiba-ba-shart-ul-iwaz

Where a gift is made with a stipulation (shart) for a return, it is called hiba-ba-shart-ul-iwaz .
As in the case of a hiba (simple gift), so in the case of a hiba-ba-shart-ul-iwaz , delivery of
possession is necessary to make the gift valid, and the gift is also revocable (167). But the gift
becomes irrevocable on delivery by the donee of the iwaz (return) to the donor.8
The main distinction between the hiba-bil-iwaz of India, and hiba-ba-shart-ul-iwaz , is that
delivery of possession is not necessary in the former case, while it is necessary in the latter
case.
C. Areeat

The grant of a license, resumable at the grantor's option, to take and enjoy the usufruct of a
thing, is called areeat.9
D. Sadaqah
A sadaqah is a gift made with the object of acquiring religious merit. Like hiba , it is not valid
unless accompanied by delivery of possession; nor is it valid if it consists of an undivided share
in property capable of division (160). But unlike hiba , a sadaqah , once completed by delivery,
is not revocable; nor is it invalid if made to two or more persons all of whom are poor (161).10

7
Baillie , 122-123, 541-543; Rahim Baksh v. Muhammad Hasan (1888) 11 All. 1; Sarifuddin v. Mohiuddin
(1927) 54 Cal. 754 , 105 I.C. 67, ('27) A.C. 808; Kulsum Bibi v. Bashir Ahmed (1937) All. 285 , 166 I.C. 439, ('37)
A.A. 25; Kulsum Bibi v. Shiam Sunder Lal (1936) All. L.J. 1027 , 164 I.C. 515, ('36) A.A. 600.
8
Baillie , 534-544; Hedaya , 488; Mogulsha v. Mohammad Saheb (1887) 11 Bom. 517 (having regard to the
decision that possession was necessary, the transaction is wrongly described in the judgment as hiba-bil-iwaz ).
9
Muhammad Faiz v. Ghulam Ahmad (1881) 3 All. 490 , 8 I.A. 25, 38; Mumtaz-un-Nissa v. Tufail (1906) 28 All.
264 , as explained in Khalil Ahmad, in the matter of (1908) 30 All. 309; Muhammad Siddiq v. Risaldar (1927) 2
Luck, 216, 95 I.C. 220, ('26) A.O. 360; Naziruddin v. Khairat Ali (1938) 13 Luck. 713 , 172 I.C. 384 ('38) A.O. 51.
10
Nabi Hassan v. Gajadhar Singh ('74) A. Patna 141; Banubi v. Narsingrao 31 Bom. 250.

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4. CONSTITUTIONAL VALIDITY OF HIBA

The question of whether the first exemption was constitutionally valid in regards to the right to
equality (article 14 of the Indian Constitution) was rather rapidly solved by the Courts,
validating the disposition on the grounds of ‘reasonable classification.

It is enough to say that it is now well settled by a series of decisions of this Court that while
Article 14 forbids class legislation, it does not forbid reasonable classification for the purposes
of legislation, and in order to pass the test of permissible classification, two conditions must be
fulfilled, namely11:

(1) That the classification must be founded on an intelligible differentia which distinguishes
persons or things that are grouped together from others left out of the group; and,

(2) That differentia must have a rational relation to the object sought to be achieved by the
statute in question.

The classification may be founded on different bases such as, geographical, or according to
objects or occupations and the like. The decisions of this Court further establish that there is a
presumption in favor of the constitutionality of an enactment and the burden is upon him who
attacks it to show that there has been a clear transgression of the constitutional guarantee; that
it must be presumed that the legislature understands and correctly appreciates the needs of its
own people and that its laws are directed to problems made manifest by experience and that its
discriminations are based on adequate grounds; and further that the legislature is free to
recognise degrees of harm and may confine its restrictions to those cases where the need is
deemed to be the clearest.

It is well known that there are fundamental differences between the religion and customs of the
Mahomedans and those of others, and, therefore the rules of Mahomedan law regarding gift
are based on reasonable classification and the provision of Section 129 of the Transfer of
Property Act exempting Mahomedans from certain provisions of that Act is not hit by Article
14 of the Constitution.

The most essential element of Hiba is the declaration, “I have given”. As per Hedaya, Hiba is
defined technically as12:

“Unconditional transfer of existing property made immediately and without any exchange or
consideration, by one person to another and accepted by or on behalf of the latter“.

According to Fyzee13, Hiba is the immediate and unqualified transfer of the corpus of the
property without any return.

11
http://www.scribd.com/doc/126718471/LAW-OF-GIFT-Muslim-LAw, accessed on 05/2/2019.
12
http://wahabohidlegalaid.blogspot.in/2013/03/hiba-gift.html, accessed on 05/2/2019.
13
https://makashfa.wordpress.com/tag/history/page/110/, accessed on 05/2/2019.

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5. REVOCATION OF GIFT
Under Islamic law all voluntary transactions are revocable, therefore this revocability should
also be attributed to gifts.14 But there is a tradition of Prophet of Islam that he was against
revocation of gifts.15
From moral and social point of view, institution of gift gives an opportunity to improve
relations, affections and mutual trust among man and man, necessary for weaving a compact
society based on justice.

A. Before Delivery of Posession

Under Muslim law, all gifts are revocable before the delivery of possession is given to the
donee. A mere declaration by the donor that he has revoked the gift is sufficient. The fact of
the matter is that under Muslim law no gift is complete till the delivery of possession is made,
and therefore, in all those cases where possession has not been transferred the gift is
incomplete, and whether or not it is revoked, it will not be valid till the delivery of possession
is made to the donee.

The revocation of such a gift, therefore, merely means that the donor has changed his mind and
does not want to complete it by the delivery of possession. For the revocation of such gifts, no
order of the court is necessary. Fyzee rightly says that this is a case of inchoate gift and it is not
proper to apply the term revocation to such a gift.

In Riazan Khatun v. Sadrul Alam,16 the Patna High Court has held that since gift itself is not
deemed to be complete before delivery of possession, therefore, the donor may cancel or revoke
the gift any time before delivery of possession.

After the revocation, the donee is not entitled to get any compensation because for the breach
of a gratuitous promise the donor is not liable. However, only donor is entitled to revoke the
gift. If the donor dies before delivery of possession his heirs have no right to revoke the gift.

B. After Delivery of Posession


Mere declaration of revocation by the donor, or institution of a suit, or any other action, is not
sufficient to revoke a gift. Till a decree of the court is passed revoking the gift, the donee is
entitled to use the property in any manner; he can also alienate it.
After delivery of possession, the gift cannot be revoked by donor through declaration. But, gift
may be invalidated by the decree of a court of law even after the delivery of possession. The
court may invalidate the gift on the ground of mistake of fact or, that the consent was not free

14
Tayabii 437
15
Fyzee 264- Citing Muhammad Ali Manual. Da aim. Fat. Law
16
AIR 1996 Pat 156

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or, on any other sufficient cause. Thus, after the delivery of possession, a gift cannot be revoked
except by the decree of a court of law. Until a decree invalidating the gift is passed, the gift
stands and the donee is entitled to enjoy the property as owner including the right of transferring
the property. But, if the gift is of irrevocable nature, it cannot be revoked even by the court.
Muslim law recognises certain situations in which a gift is irrevocable.

Shia law - Under the Shia law, even after the delivery of possession, a gift may be revoked by
the donor merely by declaration; decree of a court of law is not necessary.17 But, under the Shia
law too, if the gift is irrevocable, it cannot be revoked after the delivery of possession even by
the court.

C. Absolutely Irrevocable Gifts18


Absolutely 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:

a. A gift by husband to wife or by wife to husband. — i.e. where the donor and the donee are
spouses.

Shia law— Under the Shia law, a gift by husband to wife or vice-versa, revocable even after
the delivery of possession.19

b. Where donor and the done 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.

Shia law—Under the Shia law, if donor and donee are related through blood, though not
within the prohibited relationship, the gift is irrevocable.

c. Where the donor or donee is dead. — After the death of the donor or donee, a gift becomes
irrevocable. This is obvious, because gift begins with a declaration (offer) and the
acceptance, and the parties to the contract of gift are the donor and the donee. 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.

17
(’63) A.M. 469
18
Dinshaw Fardunji Mulla, “Mulla's Principles Of Mahomedan Law”, (22nd Edn. 2017, Lexisnexis)
19
Baillie, II, 205-206

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d. Where the donee has transferred the property to another person20 ; 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.

e. Where the property is lost or has been destroyed. —-After revocation of a gift, the property
should revert back to the donor but if it is lost or destroyed there would remain nothing to
be given back to the donor. Therefore, where the gifted property is lost or is otherwise not
available, the revocation would be meaningless.
f. Where the value of the property increases subsequently21— The value of the property may
increase by accretions or, by accidental discovery of gold or coal mine or due to some other
reason. After completion of a gift, if the value of the property is increased, it is natural that
the donor would be interested in the revocation of gift. Muslim law negatives the possibility
of revocation of gift by donor due to such temptation.

g. Where the property given is changed beyond identification22—Where the shape, size and
identity of the property has been changed and it is not possible to recognise that it is the
same property which was the subject matter of gift, the gift becomes irrevocable. For
example, if a piece of gold or bag of wheat is given in gift and the donee has converted it
into ornaments and flour respectively, the original subject-matter cannot be identified. In
such a circumstance, the gift is irrevocable because after cancellation off the gift, the same
property cannot be given back to the donor.

h. 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.

i. When a gift is in the form of Hiba-bil-iwaz. —That is to say, where the donor has accepted
something as consideration of the gift; the transfer becomes irrevocable. As is discussed in
the following lines, Hiba-bil-iwaz is not a gift at all; it is treated either as a sale or an
exchange, therefore, it is irrevocable.

20
Wali Band v. Tabeya (1919) 41 All. 534, 50 I.C.
21
Ibid.
22
Maqbul v. Ghafur-un-nissa (1914) 36 All. 333

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In case of hiba-bil-iwaz, on delivery of return or iwaz, of the gift. The transaction becomes
irrevocable. In this transaction delivery of possession is not necessary as in hiba. But actual
payment of the consideration is necessary. Before such delivery, the transaction is revocable.
In the following cases, the transactions are revocable:

(i) Part-payment for the subject of the gift - When the consideration is paid by the donee only
in respect of a part of the subject of the gift, it is revocable in respect of the part of which the
consideration has not been paid. Even if a stranger gives something gratuitously on behalf of
the donee in exchange for the gift and if
the donor accepts it; then also a gift becomes irrevocable.23

(ii) When subject or iwaz is lost - When the subject of the gift is lost on an adverse claim by
some other person, then the donee may recover the consideration wholly or in part, as the case
may be.24 When the whole iwaz is lost on an adverse claim, the donor may revoke the gift, if
the property given is still subsisting and has not so charged has been destroyed by the donee,
he would not be responsible. but if a part of the exchange is lost on another person’s claim, the
remainder would still the donor may revoke the whole gift by returning what is left.25

(iii) On delivery of possession when an exchange takes place subsequent to the gift, the iwaz
is a gift ab initio.

When delivery of possession of the return or iwaz is taken, the power to revoke gift drops.26

(iv) Transaction for minor - In case of transaction of hiba-bil-iwaz made by a father on behalf
of his minor child, the gift as also the iwaz would be revocable by either party whether the
child be the donor or the donee.

In case of True hiba-bil-iwaz and Hiba-ba-sharat-ul-iwaz transactions are revocable till the
delivery of possession of the return or the subject of gift is made by the donee to the donor.
Once the delivery of possession of the return or iwaz is made. the transaction becomes
irrevocable.27

Shia Law - There seems to be a difference of opinion whether a gift made by husband or wife
is revocable or irrevocable. Ameer Ali and Tyabji rely on the opinion which makes such gift
irrevocable, but Baillie considers the better opinion to consider such gift as revocable.28 It
seems previous option is correct.

23
The Hedaya.486.
24
Baillie. l. 542.
25
Ibid.
26
Baillie. l. 543
27
Ibid
28
Tyabji 425: Ameer Ali 1. 149-150 : Baillie ll. 205-206

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D. CASE LAWS RELATED TO REVOCATION OF GIFT

I. Mahboob khan vs. Abdul Rahim29


A gift may be revoked by the donor, but not by his heirs after his death.
Once possession is delivered, nothing short of a decree of the Court is sufficient to revoke the
gift. Neither a declaration of revocation by the donor nor even the institution of a suit for
resuming the gift is sufficient to revoke the gift. Until a decree is passed, the donee is entitled
to use and dispose of the subject of the gift.

II. Abu Khan vs. Moriam Bibi30


The reason why a gift to a person other than a husband or wife or to a person other than one
related within the prohibited degrees may be revoked is thus stated in the Hedaya , p. 486: "The
object of a gift to a stranger is a return:-- for it is a custom to send presents to a person of high
rank that he may protect the donor; to a person of inferior rank that the donor may obtain his
services; and to person of equal rank that he may obtain an equivalent;--and such being the
case it follows that the donor has power of annulment, so long as the object of the deed is not
answered, since a gift is capable of annulment. Mere cancellation of the gift deed does not
cancel the gift. For the cancellation of a gift, a decree of the court is required.

III. Masoom Sab vs. Madan Sab/ Karim Bi vs. Mariam Bi31
A stranger cannot challenge the validity of a gift even if not followed by delivery of possession.
Such an inquiry can only be between the donor and his donee, or between those claiming under
them.

IV. Someshwar vs. Barkat Ullah32


It is the donor's law that will apply to a revocation and not that of the donee.

V. Ghulam Mohammad vs. Din Mohammad33


A gift by an uncle to a sister's son is revocable.

VI. Tajju Khan vs. Mazhar Khan34


A gift by a brother to a brother is irrevocable, for if they had belonged to opposite sexes, they
could not have married each other.

29
(64) A. Raj. 250.
30
(1974) 40 C.L.T. 1306.
31
(1973) 1 A.P.L.J. 97, (’60) A. Mad. 447
32
(’63) A.M. 469
33
(1936) 166 I.C. 230
34
(’52) A.A. 614

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E. REVIVAL OF REVOCATION
Under the following circumstances a revoked gift can be received:-
(i) Where the alienation considered in the done making a fresh gift of it to a third
person, and that fresh gift is revoked by him
(ii) Where an increase in value was caused by an accession, and that accession had
perished or is destroyed

6. CONCLUSION, CRITICISM & SUGGESTION

B IBLIOGRAPHY:
The researcher has consulted following sources to complete the rough proposal:

1. Books:
 Dinshaw Fardunji Mulla, “Mulla's Principles Of Mahomedan Law”, (22nd Edn.
2017, Lexisnexis)
 Poonam Pradhan Saxena, “Family Law Lectures – Family Law II”, (3 rd Edn. 2011,
Lexisnexis)
 Tahir Mahmood & Saif Mahmood, “Introduction to Muslim Law”, (2nd Edn. 2017,
Universal law Publishing)
 Aqil Ahmad, “Mohammedan Law”, (26th Edn. 2016, Central Law Agency)

2. Websites:
 India Law Journal
 Legal Service India
 Manupatra
 SCC Online
 Lexis Nexis India

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