legal Procedure Return of Marriage Gifts| Under Family law in Pak 2024 |like Gold, Jewelry|

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  • Опубліковано 30 вер 2024
  • #gift #legal #procedure #husbandwife #wife
    ‪@advocatecourtlife‬
    • Legal Court Marriage p...
    The majority of scholars are of the view that it is not permissible to take back a gift one has given to somebody.
    The only exception is regarding what a father gives to his son/daughter as a gift;
    he can get back whatever he gives to them.
    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)
    ‪@advocatecourtlife‬
    Revocation after the delivery of possession: When delivery of possession is made by the donor, the gift becomes complete.
    For the revocation of such a gift, there are two methods:
    (i) with the mutual consent of the parties, and (ii) by a decree of the Court
    A gift revocable at the pleasure of a donor is no gift at all.
    The condition or stipulation providing for revocation must have been mutually agreed upon at the time of the gift.
    If such agreement is made after completion of gift, since the gift has already become absolute, it cannot be revoked.
    ‪@advocatecourtlife‬
    Concept Of Revocation Of Gift - Legal Service
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    Which gifts are irrevocable under Muslim law?
    It is therefore an irrevocable gift from one man to his wife, from one brother to his sister, from one father to another.
    ‪@advocatecourtlife‬
    Likewise, the gift may not be revoked if the donator sells the object or dies after the gift. Under Shia law,
    a gift to any blood relationship whether it is irrevocable
    A gift revocable at the pleasure of a donor is no gift at all.
    The condition or stipulation providing for revocation must have been mutually agreed upon at the time of the gift.
    If such agreement is made after completion of the gift, since the gift has already become absolute, it cannot be revoked.
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