| Case ID |
0a0dbc97-3d0d-4a13-bdcc-f49901218e12 |
| Body |
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| Case Number |
C.A. No. 175-P of 2011 |
| Decision Date |
Aug 15, 2018 |
| Hearing Date |
Aug 15, 2018 |
| Decision |
The appeal was dismissed as the appellants failed to establish the gift in their favor. The court emphasized the need for extreme caution when dealing with gifts that exclude female family members from inheritance. The absence of primary evidence, such as the original document of the alleged gift and the failure to adequately establish the identity of the purported donor, led to the conclusion that the gift was not valid. The decision highlighted the significance of adhering to the legal requirements set forth in the Khyber Pakhtunkhwa Land Revenue Act, particularly the necessity of having two respectable witnesses to confirm the identity of the donor. The court affirmed the lower court's ruling that the sisters of the appellants were entitled to their rightful share of the inheritance. |
| Summary |
In this landmark case adjudicated by the Supreme Court of Pakistan, the central issue revolved around the validity of a gift made by an elderly, parda-observing lady, Mst. Pari, to her sons, which excluded her daughters. The court meticulously examined the evidence presented, noting that the burden of proof lay on the appellants to substantiate the legitimacy of the gift. The absence of primary evidence, such as the original document of the alleged gift and the failure to produce crucial witnesses, significantly undermined the appellants' claims. The court underscored the importance of following legal protocols as outlined in the Khyber Pakhtunkhwa Land Revenue Act, particularly Section 42(7), which requires proper identification of the donor by respectable witnesses. The judgment serves as a crucial reminder of the necessity for transparency and fairness in inheritance matters, especially those that involve the exclusion of female heirs, reinforcing the principle that family members must not be deprived of their rightful shares. This case has profound implications for inheritance law and the treatment of women in familial property disputes, highlighting the judiciary's role in safeguarding the rights of all heirs, regardless of gender. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Qazi Faez Isa,
Yahya Afridi,
Wali Muhammad Khan
|
| Lawyers |
Ghulam Nabi,
M. Ajmal Khan,
Khalid Khan
|
| Petitioners |
Mst. Amina
|
| Respondents |
Ghulam Nabi,
Khalid Khan,
M. Ajmal Khan
|
| Citations |
2018 SLD 2544,
2018 SCMR 2080
|
| Other Citations |
Barkat Ali v. Muhammad Ismail, 2002 SCMR 1938
|
| Laws Involved |
Khyber Pakhtunkhwa Land Revenue Act, (XVII of 1967)
|
| Sections |
42(7)
|