JUDGMENT : This Writ Petition has been filed to quash Ext.P2 cancellation deed. 2. The petitioner is the husband, and respondents 4 and 5 are the parents of one Sunitha Azeez, who is no more. Respondent Nos.4 and 5 executed Ext.P1 gift deed dated 31/3/2018 gifting the properties covered by it in favour of late Sunitha Azeez. The property covered by Ext.P1 gift deed is a landed property having an extent of 1.21 Ares and a residential building situated therein. Respondent Nos.4 and 5, along with Sunitha Azeez, were residing in the residential building situated in the property. Sunitha Azeez died on 13.09.2018. After her death, respondents Nos.4 and 5 executed Ext.P2 cancellation deed dated 14/5/2019, cancelling Ext.P1 gift deed. 3. I have heard Sri.C.Y.Vinod Kumar, the learned counsel appearing for the petitioner, Sri. Rameez Nooh, the learned counsel appearing for respondent Nos. 4 and 5 and Sri.B.S.Syamanthak, the learned Government Pleader. 4. The learned counsel for the petitioner, Sri. C.Y. Vinod Kumar submitted that once a gift is complete, the donor cannot unilaterally revoke or cancel it. The learned counsel further submitted that once a gift deed is validly executed and registered, it is not open to the registering authority to cancel that gift deed at the instance of the donor. Reliance was placed on Satya Pal Anand v. State of M.P. and others, 2016 (10) SCC 767 . On the other hand, the learned counsel for respondent Nos. 4 and 5 Sri. Rameez Nooh submitted that one of the essential conditions of a gift under Muslim Law is the delivery of possession, and in this case, possession was not delivered physically, and the gift had not come into effect. In these circumstances, the donors had every right to cancel the gift without the consent of the donee or her legal representative, submitted the learned counsel. Reliance was placed on Rasheeda Khatoon v. Ashiq Ali, 2014 KHC 4652. 5. The gifts of property are dealt with in Chapter VII of the Transfer of Property Act, 1882 (for short, 'the T.P.Act'). Section 123 of the T.P. Act provides how transfer by way of gift is effected. It says that a gift of immovable property can only be effected by a registered document signed by or on behalf of the donor, and attested by at least two witnesses. Section 123 of the T.P. Act provides how transfer by way of gift is effected. It says that a gift of immovable property can only be effected by a registered document signed by or on behalf of the donor, and attested by at least two witnesses. Section 126 of the T.P.Act provides when a gift may be suspended or revoked. It says that if the donor and donee may agree that on the happening of any specified event which does not depend on the will of the donor, a gift shall be suspended or revoked. It further says that a gift may also be revoked in which if it were a contract, it might be rescinded. The provision clarifies that a gift which the parties agree shall be revocable wholly or in part, at the mere will of the donor, is void wholly or in part, as the case may be. Thus, going by Section 126 of the T.P.Act, revocation of gift is permissible only under the two contingencies stated therein. 6. Any Muslim can make a gift of the whole of his or her property without any restriction as to quantum. For a gift to be valid under Muslim Law, it need not be reduced to writing nor necessarily registered. In other words, an oral gift is valid under Muslim Law. However, Muslim Law does not prohibit written gifts. What is material for a valid gift under Muslim Law, be it oral or written, is that three essential requisites must be fulfilled. Those three essential conditions are (i) declaration by the donor, (ii) acceptance of the gift by the donee, expressly or impliedly and (iii) delivery of possession either actually or constructively to the donee[See Rasheeda Khatoon (supra)]. 7. By virtue of Section 129 of the TP Act, Chapter VII does not affect any rules of Muslim Law. Section 129 does not mean that the provision in Chapter VII regarding gifts shall not apply to Muslim gifts. It only says that its provision shall not affect any rules of Muslim Law. Thus, whenever the provisions of Chapter VII of the TP Act and those of Muslim Law conflict, the latter shall prevail. The provisions of Chapter VII are excluded only if there is an inconsistent rule of Muslim Law. If there is no inconsistency, provisions in Chapter VII shall apply proprio vigore to Muslim gifts. Thus, whenever the provisions of Chapter VII of the TP Act and those of Muslim Law conflict, the latter shall prevail. The provisions of Chapter VII are excluded only if there is an inconsistent rule of Muslim Law. If there is no inconsistency, provisions in Chapter VII shall apply proprio vigore to Muslim gifts. Thus, where the parties to a case are Muslims, and it involves a gratuitous disposition of property, the court cannot apply any provisions of Chapter VII in suppression of contrary principles of Muslim Law. 8. As stated already, under Muslim Law, oral gift is valid. Therefore, Section 123 of the TP Act, which mandates that the gift of immovable property must be effected by a registered document is in conflict with Muslim Law. Thus, Section 123 of the TP Act will not apply to Muslim gifts. But so far as Section 126 of the TP Act, which deals with revocation of gift is concerned, it is not in conflict or inconsistent with Muslim Law. The revocation of a completed gift is possible under Muslim Law only (a) by the intervention of a court of law, or (b) by the consent of the donee; a mere declaration on the part of the donor is not enough. However, where the donor and donee are related to one another within the prohibited degree by consanguinity, a completed gift cannot be revoked even with the consent of the donee or intervention of a court[Syed Khalid Rashid, Muslim Law, Eastern Book Company, 1996, pp 237,238]. Since Section 126 of the TP Act is not in conflict or inconsistent with Muslim Law, it shall apply to Muslim gifts as well. 9. As stated already, by virtue of Section 126, a gift may be revoked on a condition subsequent not depend upon the donor's will, or on grounds that would justify rescission in the case of a contract. It cannot be revoked for any other reason. Thus, unilateral execution of a cancellation deed to cancel the gift is legally impermissible under Muslim Law. 10. Now, let me examine the contention of respondent Nos. 4 and 5 that no valid gift had come into effect by virtue of Ext.P1 inasmuch as no physical delivery of possession of the property was given to the donee. There is an unequivocal declaration of gift in Ext.P1. There is also a recital in Ext. 10. Now, let me examine the contention of respondent Nos. 4 and 5 that no valid gift had come into effect by virtue of Ext.P1 inasmuch as no physical delivery of possession of the property was given to the donee. There is an unequivocal declaration of gift in Ext.P1. There is also a recital in Ext. P1 that the donee has accepted the gift and possession of the property was given to her. It is true that the actual delivery of possession of the house situated in the property was not given to the donee. However, it is pertinent to note that respondent Nos. 4 and 5 were residing in the house situated in the property covered by Ext.P1 at the time of the gift. A life interest was created in their favour. Their right to reside in the house till their death was reserved. While effecting gift, the reservation of life interest in favour of the donee is permissible under Muslim Law. 11. Ordinarily delivery of possession is an essential and substantive condition of a valid gift under Muslim Law. However, it is not actual or physical possession in every case of gift, delivery of which is insisted upon by the Muslim Law. It can be either physical possession or what is known in law as “constructive possession”. Only such possession has to be necessarily transferred as the subject of a particular gift may be susceptible of[Tahir Mahmood, The Muslim Law of India, Butterworths, 2002, p.165]. Where a donor gives property to the donee, reserving the right of residence in the house situated in the property, delivery of constructive possession alone is sufficient to complete the gift. So also, actual physical delivery of possession is unnecessary in the gifts between co-residents of the gifted property. In other words, when the donor and the donee reside in the gifted property, Muslim law does not insist on formal delivery of possession by the donor to the donee. There is a recital in Ext. P1 that the possession of the property was given to the donee. There is a recital in Ext.P2 that respondent Nos. 4 and 5, along with the donee, were residing in the house situated in the property covered by Ext.P1 at the time of the gift. There is a recital in Ext. P1 that the possession of the property was given to the donee. There is a recital in Ext.P2 that respondent Nos. 4 and 5, along with the donee, were residing in the house situated in the property covered by Ext.P1 at the time of the gift. Therefore, the actual physical delivery of possession of the house was not at all possible or feasible, considering the nature of the gift covered by Ext.P1. There is also a recital in Ext. P2 that after the execution of Ext. P1, the mutation of the property was effected in the joint name of respondents 4, 5 and the donee. Therefore, all three essential conditions to satisfy a valid gift under Muslim Personal Law have been satisfied in this case. 12. As already stated, once a gift is complete, it is settled that it cannot be revoked unilaterally by the donor. In a case where, after the acceptance of the gift, the donor wants to revoke it by resorting to Section 126, the donor will have to institute a suit before the Civil Court. Here is a case in which the donor (respondents 4 and 5) revoked the gift unilaterally after its acceptance, that too after the death of the donee (Sunitha Azeez). It is trite that where the gifted property has changed its owner—e.g., by becoming vested in the donee’s heirs under the law of succession or by an alienation inter vivos by the donee—the donor cannot revoke the gift any more under any school of Muslim Law[Tahir Mahmood, The Muslim Law of India, Butterworths, 2002, p.171]. 13. Unilateral cancellation of a gift deed is wholly void, non est and does not operate to execute, assign, limit or extinguish any right, title or interest in the property. Such a unilateral cancellation deed cannot be accepted for registration by the Registering Officer. The Supreme Court in Satya Pal Anand[supra] has held that once a document is registered, it is not open to the registering authority to cancel that registration even if its attention is invited to some irregularity committed during the registration of the document. The donee or any other claiming under him or her need not approach the Civil Court challenging the unilateral cancellation of a gift. A writ petition is perfectly maintainable to challenge or nullify such a cancellation deed. 14. The donee or any other claiming under him or her need not approach the Civil Court challenging the unilateral cancellation of a gift. A writ petition is perfectly maintainable to challenge or nullify such a cancellation deed. 14. For the reasons stated above, Ext.P2 cancellation deed cannot be sustained, and accordingly, it is set aside. This judgment, however, will not prevent respondents Nos. 4 and 5 from approaching the Civil Court seeking appropriate relief in accordance with the law. The writ petition is allowed as above.