Abusaleehu Ahamed Kabeer and Others Vs. Abusaleehu Mohamed and Others – CA NO. 613/99 F -2018

In the case between Abusaleehu Mohamed Thawfeek (Plaintiff-Respondent) and Abusaleehu Ahamed Kabeer and Mohamed Raseem Siththy Masooda (Defendant-Appellants), the court addressed the issue of whether, under Sri Lankan Muslim law, a deed of gift of immovable property (Deed No. 6253), which reserved a life interest, was revocable, and whether such irrevocability requires express declaration in compliance with the proviso to section 3 of the Muslim Intestate Succession Ordinance No. 10 of 1931. It was held that the deed of gift was revocable, as the reservation of a life interest rendered the gift incomplete and thus not irrevocable unless this was expressly stated in the deed, reaffirming the principle that irrevocability under Muslim law, as legislated, mandates explicit language. This deci