X, a Hanafi Mohammedan in affluent circumstances out of compassion for a religious teacher Y, gifted half of his estate to the letter who gave a prayer carpet as a token of gratitude. The mutation was also affected in the name of Y. But before the delivery of possession X changed his mind and wanted to revoke the gift. Decide.
Find the question and answer of Muslim Law only on Legal Bites.
Question: X, a Hanafi Mohammedan in affluent circumstances out of compassion for a religious teacher Y, gifted half of his estate to the letter who gave a prayer carpet as a token of gratitude. The mutation was also affected in the name of Y. But before the delivery of possession X changed his mind and wanted to revoke the gift. Decide. [BJS 1975] Find the question and answer of Muslim Law only on Legal Bites. [X, a Hanafi Mohammedan in affluent circumstances out of compassion for a...
Question: X, a Hanafi Mohammedan in affluent circumstances out of compassion for a religious teacher Y, gifted half of his estate to the letter who gave a prayer carpet as a token of gratitude. The mutation was also affected in the name of Y. But before the delivery of possession X changed his mind and wanted to revoke the gift. Decide. [BJS 1975]
Find the question and answer of Muslim Law only on Legal Bites. [X, a Hanafi Mohammedan in affluent circumstances out of compassion for a religious teacher Y, gifted half of his estate to the letter who gave a prayer carpet as a token of gratitude. The mutation was also affected in the name of Y. But before the delivery of possession X changed his mind and wanted to revoke the gift. Decide.]
Answer
In Hanafi Islamic law, the validity of a gift is determined by the presence of certain conditions, such as the presence of certain mental states, the absence of certain prohibitions, and the fulfillment of certain formalities.
In this scenario, the gift made by X to Y, a religious teacher, may not be considered valid under Hanafi Islamic law as the gift was given as a token of gratitude and in return for a prayer carpet, which is considered a form of transaction and is not permissible.
Additionally, the fact that X later changed his mind and wanted to revoke the gift raises questions about the validity of the gift. Under Hanafi Islamic law, it is not permissible to revoke a gift once it has been made.
In Noor Jahan v. Muftkhar Dad Khan, [AIR 1970 All 170], a donor made a gift of certain property to the donee, but the donor continued to manage the properties and takes the profit himself. Till the death of the donor, no mutation was made in the name of the donee. It was held by the court that since no delivery of possession was made, the gift was incomplete and ineffective in nature.
Furthermore, the fact that the mutation of the estate was already affected in Y's name and the delivery of possession has been completed, could also indicate that the gift may not be considered valid under Hanafi Islamic law because it has been given without complete certainty and free will.
In conclusion, based on the case laws and the information provided, it is likely that the gift made by X to Y may not be considered valid under Hanafi Islamic law, as it appears that it was not made with complete certainty and free will and it was given as a token of gratitude and in return for a prayer carpet which is considered a form of transaction and is not permissible.
Mayank Shekhar
Mayank is an alumnus of the prestigious Faculty of Law, Delhi University. Under his leadership, Legal Bites has been researching and developing resources through blogging, educational resources, competitions, and seminars.
