| Case ID |
2aadc841-8821-4dd5-a56d-8c3a45d8f210 |
| Body |
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| Case Number |
Civil Appeal No.136 of 1978 |
| Decision Date |
Mar 10, 1985 |
| Hearing Date |
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| Decision |
The Supreme Court of Pakistan ruled on the validity of a gift deed executed by Alam Din in favor of his granddaughters, which was contested by his nephews. The Court determined that the transaction should be classified as a 'Hiba-bil-Ewaz,' meaning it was a gift made for consideration, effectively a sale. The Court found that the conditions for a valid Hiba-bil-Ewaz were not met, as there was no actual payment of consideration. The ruling highlighted the distinction between a simple gift and a gift for consideration under Muhammadan Law. The Court ultimately dismissed the appeal, affirming the lower court's decision that the gift could not be validated under the existing regulations, as it did not comply with the stipulations set forth in the West Pakistan Land Reforms Regulation. |
| Summary |
This case revolves around the interpretation of a gift deed under Muhammadan Law and the application of the West Pakistan Land Reforms Regulation. The Supreme Court of Pakistan examined the nature of the transaction between Alam Din and his granddaughters, determining that it fell under 'Hiba-bil-Ewaz' rather than a simple gift. The Court's ruling emphasized the necessity of actual consideration for such a transaction to be valid. It also clarified the legal standing of presumptive heirs in the context of inheritance laws. The decision serves as a significant reference for future cases involving the complexities of land transfers and the nuances of gift classifications in Islamic jurisprudence. Keywords such as 'Hiba-bil-Ewaz', 'land reforms', 'gift deed validity', and 'inheritance law' are critical for legal professionals and scholars in navigating similar cases. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
MUHAMMAD HALEEM, C.J.,
SHAFIUR RAHMAN,
ZAFFAR HUSSAIN MIRZA,
MIAN BURHANUDDIN KHAN
|
| Lawyers |
Maulvi Siraj-ul-Haq Advocate Supreme Court,
M. Afzal Siddiqui, Advocate-on-Record,
Sh. Zamir Hussain, Advocate Supreme Court,
Ch. Akhtar Ali, Advocate-on-Record
|
| Petitioners |
,
Mst. WILLAYAT JAN
|
| Respondents |
MUHAMMAD SHARIF,
|
| Citations |
1985 SLD 162,
1985 SCMR 1131
|
| Other Citations |
Ewaz Muhammad v. Ghafoor Khan and another AIR 1934 Oudh 27
|
| Laws Involved |
West Pakistan Land Reforms Regulation, 1959
|
| Sections |
25(4)
|