Clarification related to removal of name from khatoni in Muslim Iaw
30-Mar-2023 (In Property Law)
Sir husband dwara apni ek bissa land apne second wife ko hibba kar di gae second wife ne jab khatoni banwae tab usme unhone apne step son ka bhi name darg karwa diya aur khud ka bhi step son ne apne stepmother ko ghar se bahar kar diya hai kya khatoni se step son ka name katwaya ja sakta hai
(a) all gifts after the delivery of possession can be revoked with the consent of the donee, and that (b) otherwise (in those cases where gifts are revocable) revocation can be made only by a decree of the court.
The revocation of a gift is a personal right of the donor, and, therefore, a gift cannot be revoked by his heirs after his death. A gift can also not be revoked after the death of the donee.
According to the Hanafi School with the exception of the following cases, a gift can be revoked even after the death of the donee.
According to the Hanafi School, with the exception of the following cases, a gift can be revoked even after the delivery of possession;
(i) When a gift is made by one spouse to another,
(ii) When the donor and the donee are related within the prohibited degrees,
(iii) When the donee or the donor is dead,
(iv) When the subject-matter of the gift is no longer in the possession of the donee, i.e., when he had disposed it off by sale, gift or otherwise or, where he had consumed it, or where it had been lost or destroyed,
(v) When the value of the subject-matter has increased,
(vi) When the identity of the subject-matter of the gift has been completely lost, just as wheat, the subject-matter of gift, is converted into flour,
(vii) When the donor has received something in return (iwaz), and
(viii) When the object of gift is to receive religious or spiritual benefit or merit, such as sadaqa. The Shia law of revocation of gifts differs from the Sunni law in the following respects: First, gift can be revoked by a mere declaration on the part of the donor without any proceedings in a court of law; secondly, a gift made to a spouse is revocable; and thirdly, a gift to a relation, whether within the prohibited degrees or not, is revocable.
Thus, your husband can revoke the said hibanama by which the step son will lose his right over the property.
The revocation of a gift is a personal right of the donor, and, therefore, a gift cannot be revoked by his heirs after his death. A gift can also not be revoked after the death of the donee.
According to the Hanafi School with the exception of the following cases, a gift can be revoked even after the death of the donee.
According to the Hanafi School, with the exception of the following cases, a gift can be revoked even after the delivery of possession;
(i) When a gift is made by one spouse to another,
(ii) When the donor and the donee are related within the prohibited degrees,
(iii) When the donee or the donor is dead,
(iv) When the subject-matter of the gift is no longer in the possession of the donee, i.e., when he had disposed it off by sale, gift or otherwise or, where he had consumed it, or where it had been lost or destroyed,
(v) When the value of the subject-matter has increased,
(vi) When the identity of the subject-matter of the gift has been completely lost, just as wheat, the subject-matter of gift, is converted into flour,
(vii) When the donor has received something in return (iwaz), and
(viii) When the object of gift is to receive religious or spiritual benefit or merit, such as sadaqa. The Shia law of revocation of gifts differs from the Sunni law in the following respects: First, gift can be revoked by a mere declaration on the part of the donor without any proceedings in a court of law; secondly, a gift made to a spouse is revocable; and thirdly, a gift to a relation, whether within the prohibited degrees or not, is revocable.
Thus, your husband can revoke the said hibanama by which the step son will lose his right over the property.
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