“Gift” is defined in section 138 of the Muhammadan Law as: “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.”

The prerequisites of a valid gift are:

(i) offer by the donor;

(ii) its acceptance by the donee; and

(iii) the delivery of possession.

A valid gift comes into existence as soon as the three ingredients are completed. Under Muhammadan Law, any Muslim can make a valid gift of movable or immovable property orally, however, it may be reduced into writing as proof.

The precondition for revocation of a gift as provided by section 167 of the Muhammadan Law is that it can only be revoked before delivery of possession. It implies that despite declaration of gift by the donor and its acceptance by the donee, the donor may change its mind and may not complete the gift by not delivering the possession.

C.A.1551/2017

Hayat Muhammad thr. LRs. v. Muhammad Riaz

Mr. Justice Jamal Khan Mandokhail

07-08-2023