Case ID |
09abd760-6cce-479b-badb-bc6610b18cbe |
Body |
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Case Number |
Civil Revision No. 44 of 2013 |
Decision Date |
Jun 26, 2015 |
Hearing Date |
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Decision |
The court allowed the civil revision petition, set aside the impugned judgment of the Additional District Judge, and restored the judgment of the Trial Court. The court found that the defendants had failed to prove the validity of the alleged gifts made by their deceased father, Hajat Aman. It ruled that the property in question must be shared among the legal heirs as the delivery of possession of the gifted property was not established. The decision emphasized that the burden of proof rested on the defendants to substantiate their claims regarding the gifts, which they failed to do. |
Summary |
In this significant case, the court addressed the complexities of inheritance and the validity of purported gift deeds among siblings. The petitioner, Mst. Gulzar Begum, sought her rightful share of her deceased father's estate, while the respondents claimed ownership based on alleged gift deeds. The court's decision underscored the importance of evidence in proving the legitimacy of such claims, particularly in familial disputes over property. It highlighted the necessity for clear proof of possession transfer for gifts to be recognized legally. The ruling provides clarity on the interpretation of inheritance laws and the responsibilities of heirs in substantiating their claims. This case serves as a critical reference for future legal disputes involving inheritance and property rights, emphasizing the need for comprehensive documentation and evidence in gift transactions. Keywords such as inheritance law, property disputes, gift validity, and legal heirs are essential for understanding the broader implications of this ruling. |
Court |
Additional District Judge Ghizer
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Entities Involved |
Not available
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Judges |
MUHAMMAD ALAM, J
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Lawyers |
Mohammad Issa,
Mir Akhlaq Hussain
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Petitioners |
Mst. GULZAR BEGUM
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Respondents |
2 others,
Mst. BIBI ZAITOON
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Citations |
2016 SLD 943,
2016 CLC 630
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Other Citations |
Not available
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Laws Involved |
Not available
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Sections |
Not available
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