| Case ID |
10ef01b8-1ecc-428d-966a-12a4e5113b64 |
| Body |
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| Case Number |
Civil Appeal No. 410-L of 2009 |
| Decision Date |
Nov 21, 2017 |
| Hearing Date |
Nov 21, 2017 |
| Decision |
The Supreme Court of Pakistan dismissed the appeal filed by the appellants, affirming the decision of the Lahore High Court which restored the judgment of the Trial Court. The Court found that the respondent, Muhammad Tufail, had a legitimate claim as a legal heir of the deceased, Gomaan. The Court highlighted that the donee claiming under a gift must establish the original transaction of gift, which was not satisfactorily proven in this case. The lack of evidence regarding the declaration and acceptance of the gift, as well as the failure to justify the disinheritance of an heir, led to the rejection of the registered gift deed. Consequently, the mutation was deemed invalid, and the appeal was dismissed. |
| Summary |
In the Supreme Court of Pakistan's case of Civil Appeal No. 410-L of 2009, the primary legal issue revolved around the validity of a gift deed and the claims of a legal heir. The Court addressed the requirement for a donee to prove the original transaction of gift, especially when it excludes an heir. The ruling emphasized that mere possession transfer is insufficient for a valid gift under the law. The case established crucial precedents regarding inheritance rights and the evidentiary burden on parties claiming under a gift. This decision is significant for practitioners in inheritance law, particularly in cases involving disputes over gifts and legal heirs. The ruling reaffirms the principles established in previous cases and underscores the importance of proper documentation in gift transactions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Umar Ata Bandial,
Manzoor Ahmad Malik
|
| Lawyers |
M.A. Ghaffar-ul-Haq,
Sh. Naveed Shahryar
|
| Petitioners |
Fareed & Others
|
| Respondents |
Another,
Muhammad Tufail
|
| Citations |
2018 SLD 95,
2018 SCMR 139
|
| Other Citations |
Kulsoom Bibi v. Muhammad Arif 2005 SCMR 135,
Ghulam Haider v. Ghulam Rasool 2003 SCMR 1829,
Barkat Ali v. Muhammad Ismail 2002 SCMR 1938
|
| Laws Involved |
Gifts and Inheritance Law
|
| Sections |
Not available
|