{UAH} CAN I TAKE BACK THE GIFT I GAVE MY "SWEETHEART"
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3:38 AM |
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CAN I TAKE BACK THE GIFT I GAVE MY "SWEETHEART"
ABC and XYZ used to be sweethearts. ABC gave XYZ a lovely gift. When they broke up, ABC wanted to get the gift back but XYZ refused. ABC wants to take the issue to court.
WHAT IS A GIFT UNDER THE LAW?
A gift is something that one person gives another through voluntary transfer of property without the expectation of payment of any form in return.
DOES THE GIFT PERMANENTLY BELONG TO XYZ?
For the gift to be the permanent possession of XYZ:
1. There must have been an intention for ABC to give XYZ the gift.
2. The gift must be delivered to XYZ (if it is land or a house, then a title or key means you have delivered) along with any transfer documents pertaining to the gift e.g logbook, land title
3. The gift must be accepted by XYZ (if you do not like the colour of the car or where the land is located and you do not accept it, then it is not a gift)
WHAT HAPPENS IF I DIVORCE OR LEAVE THE PERSON?
Even when this happens, XYZ cannot give it back because there are no terms attached to the gift. Generally, Gifts by their nature are not conditional. So when you are dating (or getting married), it is a good time to be on the receiving end of gifts (especially land).
WHEN CAN A GIFT BE RECLAIMED?
However, if force or threats were used to make ABC give XYZ the gift, the law allows ABC to take the gift back.
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-- ABC and XYZ used to be sweethearts. ABC gave XYZ a lovely gift. When they broke up, ABC wanted to get the gift back but XYZ refused. ABC wants to take the issue to court.
WHAT IS A GIFT UNDER THE LAW?
A gift is something that one person gives another through voluntary transfer of property without the expectation of payment of any form in return.
DOES THE GIFT PERMANENTLY BELONG TO XYZ?
For the gift to be the permanent possession of XYZ:
1. There must have been an intention for ABC to give XYZ the gift.
2. The gift must be delivered to XYZ (if it is land or a house, then a title or key means you have delivered) along with any transfer documents pertaining to the gift e.g logbook, land title
3. The gift must be accepted by XYZ (if you do not like the colour of the car or where the land is located and you do not accept it, then it is not a gift)
WHAT HAPPENS IF I DIVORCE OR LEAVE THE PERSON?
Even when this happens, XYZ cannot give it back because there are no terms attached to the gift. Generally, Gifts by their nature are not conditional. So when you are dating (or getting married), it is a good time to be on the receiving end of gifts (especially land).
WHEN CAN A GIFT BE RECLAIMED?
However, if force or threats were used to make ABC give XYZ the gift, the law allows ABC to take the gift back.
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Allaah gives the best to those who leave the choice to Him."And if Allah touches you with harm, none can remove it but He, and if He touches you with good, then He is Able to do all things." (6:17)
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