Law: Civil Procedure Code (V of 1908)

Section: 100

(a) Islamic law--- ----Gift---Revocation of---Requirements---Father of plaintiff gifted suit property but gift deed was revoked thereafter---Plaintiff filed suit wherein revocation deed was assailed---Suit was decreed concurrently---Validity---Donor could revoke gift at any time before delivery of possession---If possession was delivered then donor could only revoke the gift through a decree of the Court---Alleged revocation deed was inconsequential and without any substance---No misreading or non-reading of evidence had been pointed out in the impugned s and decrees passed by the Courts below---Findings recorded by the Courts below were neither perverse nor arbitrary---Second appeal was dismissed in circumstances. Muhammadan Law by D.F. Mulla' Chapter XI; Riaz Ullah Khan v. Asghar Ali and 2 others 2004 SCMR 1701; Mst. Kaneez Bibi and another v. Sher Muhammad and 2 others PLD 1991 SC 466 and Mst. Noor Begum and 6 others v. Muhammad Akram and 17 others 2013 MLD 1323 rel. (b) Islamic law--- ----Gift---Meaning and scope. 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. A donor can part with his property through a gift either orally or through a written instrument. No transfer of possession is required in the case of a gift by a father to his minor child or by a guardian to his ward. All that is necessary is to establish a bona fide intention to gift. Muhammadan Law by D.F. Mulla' Chapter XI and Para. 155 ref. (c) Islamic law--- ----Gift---Revocation---Conditions. Following are the conditions for revocation of gift. (1) A gift may be revoked by the donor at any time before delivery of possession. The reason is that before delivery there is no completed gift at all. (2) Subject to the provision of subsection (4), a gift may be revoked even after delivery of possession except in the following cases-- (a) when the gift is made by a husband to his wife or by wife to her husband; (b) when the donee is related to the donor within the prohibited degrees; (c) when the donee is dead; (d) when the thing given has passed out of the donee's possession by sale, gift or…

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