| Case ID |
209248a9-9b95-43e2-848c-e5fe7dc2e0a4 |
| Body |
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| Case Number |
Civil Appeal No. 7-D of 1964 |
| Decision Date |
Jun 11, 1965 |
| Hearing Date |
Jun 10, 1965 |
| Decision |
The Supreme Court of Pakistan ruled in favor of the appellant, Rabia Khatun, affirming the dismissal of the suit brought by Azizuddin Biswas for possession of properties gifted to Ismail. The court held that under Muhammadan Law, while delivering possession is essential for perfecting a gift, the fact that the donor was in a parental position to the donee, who was an infant, negated the necessity for formal delivery. The court emphasized that the natural father had relinquished all rights, effectively placing the adoptive father in a de facto guardian role. The appeal was accepted with costs, reinforcing the importance of understanding the dynamics of guardianship in the context of property gifts under Islamic law. |
| Summary |
The case of Rabia Khatun vs. Azizuddin Biswas revolved around the complexities of property gifts under Muhammadan Law and the implications of guardianship. The Supreme Court of Pakistan evaluated the principles governing the completion of gifts, especially when the donee is a minor. The court's decision underscored the significance of parental roles in property transactions and the legal recognition of adoptive relationships. This landmark ruling clarifies the legal framework regarding the necessity of possession delivery in gift scenarios, particularly involving minors. The court's interpretation of guardianship roles is crucial for future cases involving property gifts, ensuring that the rights of all parties are respected within the legal system. The case serves as a vital reference point for understanding the intersection of family law and property rights within the context of Islamic jurisprudence. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
A. R. CORNELIUS, C.J.,
MUHAMMAD YAQUB ALI,
ABDUS SATTAR, JJ
|
| Lawyers |
D. C. Bhattacharya Advocate Supreme Court,
R. K. Banik Advocate,
Md. Behtar Ali Attorney for Appellant,
S. R. Pal Senior Advocate Supreme Court,
B. N. Chowdhury Advocate,
Abdur Rab II Attorney
|
| Petitioners |
RABIA KHATUN
|
| Respondents |
OTHERS,
AZIZUDDIN BISWAS
|
| Citations |
1965 SLD 98,
1965 PLD 665
|
| Other Citations |
Musa Miya and another v. Kadar Bux 55 I A 171,
Hedaya and Amir Ali's Muhammadan Law, Vol. I, p. 131, 4th Edn.
|
| Laws Involved |
Constitution of Pakistan (1962),
Muhammadan Law
|
| Sections |
Art. 58(3),
N/A
|