| Case ID |
d4d93e15-3605-41f5-8a52-479ecf71f31c |
| Body |
View case body. Login to View |
| Case Number |
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| Decision Date |
Jan 07, 1976 |
| Hearing Date |
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| Decision |
The Supreme Court dismissed the petition, affirming the lower court's findings that the respondents were the legal heirs of the donor and that the gift was valid despite the doctrine of mushaa. The court noted that the gift was accompanied by physical possession and concluded that the allegations regarding the donor's mental capacity were not substantiated. Therefore, the petitioners had no locus standi to contest the gift. |
| Summary |
In this case, the Supreme Court of Pakistan dealt with the implications of the Muhammadan Law regarding gifts and the doctrine of mushaa. The court evaluated a registered gift deed executed by Mst. Hazrat Bibi, which conveyed land to her grandsons. The main contention arose from the petitioners, who claimed that the gift was ineffective due to their status as collaterals and the absence of partition of the joint khata. However, the court upheld the lower courts' decisions, confirming the donees' status as legal heirs. The court emphasized that the gift was valid as it was accompanied by physical possession, thus dismissing the petitioners' claims. This case highlights the importance of understanding inheritance rights under Muhammadan Law and the nuances of property gifts, particularly in joint ownership scenarios. Keywords such as Muhammadan Law, gift validity, inheritance rights, and property disputes are essential for those researching legal precedents in similar contexts. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ANWARUL HAQ,
MUHAMMAD GUL
|
| Lawyers |
Muhammad Afzal Lone,
Ch. Akhtar Ali
|
| Petitioners |
NUR ALI (REPRESENTED BY HEIRS)
|
| Respondents |
MUHAMMAD HUSSAIN ETC.
|
| Citations |
1976 SLD 234,
1976 SCMR 234
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| Other Citations |
Not available
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| Laws Involved |
Muhammadan Law
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| Sections |
Not available
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