Legal Question in Family Law in India

Under Muslim Inheritance Law, I have gifted my property of a house and hotel to a foundation as a gift. Can I revoke back the gift of house from that foundation? can my son file a case against me? it is a self acquired property.


Asked on 4/09/14, 8:14 am

1 Answer from Attorneys

A Mohammedan on the other hand can revoke a gift even after delivery of possession except in the following cases:

(1) When the gift is made by a husband to his wife or by a wife to her husband;

(2) when the donee is related to the donor within the prohibited degrees;

(3) when the gift is Sadaka (i.e. made to a charity or for any religious

purpose).

(4) when the donee is dead;

(5) when the thing given has passed out of the donee's possession

by sale, gift or otherwise;

(6) when the thing given is lost or destroyed;

(7) when the thing given has increased in value, whatever be the cause of the increase;

(8) when the thing given is so changed that it cannot be identified, as when wheat is converted into flour by grinding; and

(9) when the donor has received something in exchange for the gift

Except in those cases, a gift may be revoked at the mere will of the donor, whether he has or has not reserved to himself the power to revoke it, but the revocation must be by a decree of court.

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Answered on 4/09/14, 10:07 am


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