| Case ID |
e05e6156-f6e2-4467-8623-5e31ce78bd8a |
| Body |
View case body. Login to View |
| Case Number |
D-1443 of 1996 |
| Decision Date |
Jul 12, 1997 |
| Hearing Date |
Mar 19, 1997 |
| Decision |
The Sindh High Court held that the refusal of the Pakistan Employees Cooperative Housing Society to mutate the names of the donees in their records was illegal. The court emphasized that a person pursuing the Muslim faith can dispose of property by way of gift without the necessity of registration as per the provisions of Muslim Personal Law. The court directed the Housing Society to proceed with the mutation of names, ensuring no prejudice to any parties involved. This case reinforces the validity of oral gifts under Muslim law and clarifies the legal standing of such transactions against bureaucratic hurdles. |
| Summary |
In the case of Constitutional Petition No. D-1443 of 1996, the Sindh High Court addressed the legality of an oral gift made by the late Ghulam Muhammad Dadabhoy to his sons concerning property in Karachi. The court ruled that the Housing Society's refusal to record the gift was unlawful, as Muslim Personal Law allows for the disposal of property through oral gifts without registration. The court's decision underscored the importance of adhering to personal laws, particularly in matters of property transactions, and highlighted the need for local authorities to respect such legal frameworks. The ruling is significant as it clarifies the rights of Muslims regarding property gifts and reinforces their legal protections under Pakistani law. The case references several legal precedents, emphasizing the historical context of personal laws in Pakistan and their continued applicability. This decision serves as a critical reference for future cases involving property rights and personal law in the Islamic context. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
WAJIHUDDIN AHMED, JUSTICE,
SAIYED SAEED ASHHAD, JUSTICE
|
| Lawyers |
Ataur Rehman,
Saifuddin,
Akhtar Hussain
|
| Petitioners |
anothers,
ABDUL SATTAR DADABHOY
|
| Respondents |
another,
THE HONORARY SECRETARY, PAKISTAN EMPLOYEES COOPERATIVE HOUSING SOCIETY, KARACHI
|
| Citations |
1998 SLD 1252 = 1998 PLD 291
|
| Other Citations |
Abdul Ghaffar v. Ghulam Jan PLD 1975 Pesh. 12,
Umar Bibi v. Bashir Ahmad 1977 SCMR 154,
Saffer Ahmad v. Abdul Rasheed 1992 CLC 1896,
I.-G. of Regis and Stamps v. T. Begum, AIR 1962 AP 199,
Ismail v. Commissioner of Karachi, 1968 SCMR 509,
Subramaniam v. Lutchman AIR 1923 PC 50
|
| Laws Involved |
Transfer of Property Act,
Registration Act,
Constitution of Pakistan
|
| Sections |
123,
129,
17,
49,
2A,
199
|