Revocation

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.

Status of appellant to be the sole executor of the Will when his mother did not predecease the testator, the validity of Will and testament and whether it had been executed validly in accordance with law, were prima facie not without cloud

Will itself was called into question by respondents and needed to be determined

Trial Court attended all material facts and circumstances while annulling probate

Findings of earlier order of Trial Court in favour of appellant were bad in terms of explanations (a) to (c) and illustrations (i) and (ii) of S.263 of Succession Act, 1925

High Court declined to interfere in findings of Trial Court

Appeal was dismissed, in circumstances.

Islamic Law, in such like events, does not give husband any right to revoke the gift.

Conditions.

Petitioner divorced his wife on 28-12-2010 and Arbitration Council issued notice under S.7 of Muslim Family Laws Ordinance, 1961, for reconciliation/confirmation of divorce

Plea raised by petitioner was that by means of letter dated 24-3-2011, he had revoked divorce, therefore, Arbitration Council could not proceed in the matter

Validity

After letter dated 24-3-2011, was sent by petitioner, Arbitration Council had no jurisdiction or authority to proceed further into the matter either in confirming divorce dated 28-12-2010, or embark upon in reconciliation of marriage contracted between the parties

High Court restricted Arbitration Council to act further in the matter after letter dated 24-3-2011 was sent by petitioner

Petition was allowed accordingly.

Other condition which is required to be made is that such express or otherwise revocation of Talaq be within a period of 90 days to be reckoned from the date of receipt of notice of Talaq by the Chairman Arbitration Council.