| Case ID |
153f6cd2-6417-4e4b-beec-25b887b91bfe |
| Body |
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| Case Number |
Civil Appeal No.1894 of 2002 |
| Decision Date |
Sep 26, 2006 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the appeal filed by Ghulam Muhammad against the judgment of the Lahore High Court, which had allowed a civil revision challenging a gift made by the donor, Mian Muhammad, to his son Noor Muhammad. The Court held that the suit challenging the gift was incompetent and not maintainable, as a Muslim has the unfettered power to gift property to any of his heirs, even to the exclusion of others. The Court also upheld the validity of additional documents presented during the revision stage, asserting their authenticity as public documents. As such, the appeal was dismissed without any order as to costs. |
| Summary |
In the case of Ghulam Muhammad vs Mian Muhammad, the Supreme Court of Pakistan addressed the legal principles surrounding the validity of gifts made by a donor during their lifetime. The appellant, Ghulam Muhammad, challenged a gift made by his father, Mian Muhammad, to his brother Noor Muhammad, arguing that it was illegal and ineffective. The Court reiterated that under Islamic law, a Muslim has the unrestricted right to gift their property to any heir, and such gifts cannot be declared void merely because they exclude other heirs. The decision emphasized the importance of corroborated testimony and public documents in establishing the legitimacy of such gifts. The ruling reinforces the notion that family dynamics and individual rights can lead to complex legal disputes, particularly in the context of property inheritance and gifts. This case serves as a significant reference for future legal disputes involving familial gifts and property rights under Islamic law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
JAVED IQBAL,
HAMID ALI MIRZA
|
| Lawyers |
Malik Muhammad Kabir,
Gulzarin Kiyani,
M.S. Khattak
|
| Petitioners |
GHULAM MUHAMMAD
|
| Respondents |
another,
MIAN MUHAMMAD
|
| Citations |
2007 SLD 488,
2007 SCMR 231
|
| Other Citations |
Mst. Nusrat Zohra v. Mst. Azhra Bibi and others PLD 2006 SC 15,
Safi Ullah v. Ghulam Jabbar and 4 others PLD 1955 Lah. 191
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
115,
O.XLI,R.27(1)(b)
|