haroon (engineer) 05 February 2011
A person has gifted his house as a Heba (gift) to her wife, and later given her divorce and the wife has taken the poccession of the house. As the gift is not completely transferred on the wife's name can it be revoked, the person does not have the original documents nor the photocopy of the house papers or Heba. Kindly explain
Abu Thalha (Law) 06 February 2011
Once Hiba is made and accepted by the wife and effective control is delivered to her, it can not be revoked.
In the case of husband and wife once gift is made and accepted no direct delievry of the house property (in case of a residence being gifted in which both husband wife lives) is necessary. constructive delivery will suffice.
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