| Case ID |
1036422f-8674-4a2a-b02b-947ed4b22cbe |
| 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 Supreme Court dismissed the appeal filed by the appellants, affirming the High Court's decision. The Court found that the appellants failed to establish the validity of a gift purportedly made by their mother, Mst. Pari. It was determined that the necessary legal procedures for validating the gift were not followed, including the identification of Mst. Pari by respectable witnesses. The Court emphasized that the burden of proof lay with the appellants, who did not satisfactorily demonstrate that the gift was made voluntarily and without undue influence. The Court also noted the long-standing injustice faced by the sisters in being deprived of their inheritance, which led to the High Court's intervention to correct the material irregularity in the previous judgments. |
| Summary |
The case revolves around a dispute regarding the validity of a gift made by Mst. Pari, a mother, to her sons, which excluded her daughters from inheritance. The Supreme Court of Pakistan upheld the High Court's ruling that the gift was not proven according to the legal standards set forth in the Specific Relief Act and the Qanun-e-Shahadat. The Court highlighted the importance of adhering to proper legal procedures when dealing with gifts, especially those that could unjustly deprive family members of their rightful inheritance. The findings underscored the need for caution in such matters, particularly involving elderly and illiterate individuals, to prevent potential exploitation. This case serves as a critical reference in inheritance disputes, emphasizing the protection of women's rights in familial property matters. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Qazi Faez Isa,
Yahya Afridi
|
| Lawyers |
Mr. Ghulam Nabi,
Mr. M Ajmal Khan,
Mr. Khalid Khan
|
| Petitioners |
Mst. Amina
|
| Respondents |
Wali Muhammad Khan
|
| Citations |
2019 SLD 95,
2019 PLJ 34
|
| Other Citations |
Not available
|
| Laws Involved |
Specific Relief Act, 1877,
Land Revenue Act, 1967,
Qanun-e-Shahadat, 1984
|
| Sections |
39,
42(7),
117,
118
|