Presents and Gifts: Revoking a Gift After the Recipient Has Built on the Land

Practical Laws of Islam as per the teachings of Imam Khamenei

Presents and Gifts: Revoking a Gift After the Recipient Has Built on the Land

English:

Question #1712:

I gave a person a plot of land by way of gift. He built a house on part of the land. Is it permissible for me to ask him to give me back what I gave him, or compensate me, or return to me what’s left unbuilt of the land?

Answer #1712:

After the recipient has taken possession of the land with your permission and has practically occupied it by building a house, you have no right of revoking the gift. Nor have you the right to get back the land or the price thereof. And if the house was built on a part of the land, nevertheless due to proportionate area of the land it is considered by common view that he took the whole land, you are not entitled to claim back any part thereof.

-Imam Khamenei, Practical Laws of Islam, Importance and Conditions of Presents and Gifts