| Case ID |
1521a040-d44b-4094-97a2-d0c92319e38c |
| Body |
View case body. Login to View |
| Case Number |
Civil Revision No.616-D of 1995 |
| Decision Date |
Mar 01, 2006 |
| Hearing Date |
Mar 01, 2006 |
| Decision |
The Lahore High Court dismissed the civil revision petition, affirming that the conditions attached to the gift made by Syed Hussain Ahmad Shah were void and that the property was fully transferred to Mst. Mumtaz Fatima. It was concluded that the petitioner, Mst. Mukhtar Fatima, had no right to the property after the gift was executed, and the subsequent transactions were valid. The court emphasized that the conditions limiting the donee's rights were not recognized by law or Islamic principles. Therefore, the court upheld the earlier decisions dismissing both the suit and the appeal. |
| Summary |
This case revolves around the interpretation of a gift deed under Islamic law concerning property transferred from Syed Hussain Ahmad Shah to his daughter-in-law, Mst. Mumtaz Fatima. The legal dispute arose when the petitioner, Mst. Mukhtar Fatima, contested the validity of the gift, claiming that it only transferred usufruct rights and that the conditions attached to the gift were enforceable. The Lahore High Court examined the documents involved, including the original gift deed and subsequent transactions, ultimately ruling that the conditions attached were void and the full ownership of the property had been transferred to Mst. Mumtaz Fatima. The court's decision reinforces the principles of gift under Islamic law, particularly regarding the rights of donees and the enforceability of conditions attached to gifts. This case highlights critical aspects of property law and inheritance under Islamic jurisprudence, making it a significant reference point for similar cases in the future. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MAULVI ANWARUL HAQ, J
|
| Lawyers |
Mian Shamsul Haq Ansari,
Mirza Manzoor Ahmad,
Nemo
|
| Petitioners |
Mst. MUKHTAR FATIMA through GENERAL Attorney
|
| Respondents |
Mst. MUMTAZ FATIMA through L.Rs. and others
|
| Citations |
2006 SLD 2254,
2006 CLC 1520
|
| Other Citations |
Abdul Hameed and 23 others v. Muhammad Mohyuddin Siddique Raja and 3 others PLD 1997 SC 730
|
| Laws Involved |
Islamic Law
|
| Sections |
Not available
|