| Case ID |
14134eb9-16ff-4f55-b24c-a97e17d1d480 |
| Body |
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| Case Number |
C.A. No. 1348 of 2014 |
| Decision Date |
Jan 27, 2022 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan allowed the appeal filed by Mst. Kalsoom Begum, restoring the judgment of the Appellate Court. The case revolved around the cancellation of a gift deed and gift mutation, which were claimed to have been executed without proper acceptance from the donees. The Court emphasized that the burden of proof lies with the donees to establish the validity of the gift, which they failed to do. Consequently, the Court ruled that Mst. Kalsoom Begum, being a legal heir, is entitled to her share in the estate of Ahmad as per the provisions of the Muslim Family Laws Ordinance. |
| Summary |
In the case of Mst. Kalsoom Begum vs. Peran Ditta, the Supreme Court of Pakistan addressed the complexities surrounding the validity of a gift deed under the Muslim Family Laws Ordinance, 1961. The appellant, Mst. Kalsoom Begum, sought cancellation of a gift deed that her paternal uncles had purportedly obtained to deprive her of her inheritance rights. The court examined the essential elements required for a valid gift, namely declaration, acceptance, and delivery of possession. It was found that the donees did not adequately prove acceptance of the gift, leading to the conclusion that the gift was invalid. The decision underscored the legal principles surrounding inheritance rights in Muslim law, emphasizing the importance of proper documentation and acceptance in the transfer of property. This case highlights the ongoing legal discussions regarding family law and inheritance in Pakistan, making it a significant reference for similar future cases. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Qazi Faez Isa,
Yahya Afridi
|
| Lawyers |
Mr. Muhammad Siddique Awan,
Syed Rifaqat Hussain Shah,
Mr. Haroon Irshad Janjua
|
| Petitioners |
Mst. Kalsoom Begum
|
| Respondents |
Peran Ditta
|
| Citations |
2022 SLD 1776,
2022 PLJ 357
|
| Other Citations |
PLD 2000 Federal Shariat Court 1,
Maqbool Ahmad v Hakoomat-e-Pakistan (1991 SCMR 2063),
Muhammad Iqbal v Allah Bachaya (2005 SCMR 1447, at page 1450 A)
|
| Laws Involved |
Muslim Family Laws Ordinance, 1961,
Specific Relief (Punjab Amendment) (Repeal) Ordinance, 1983
|
| Sections |
4,
39
|