| Case ID |
eba6e699-cdaa-422e-9c8d-a65f70a7e80e |
| Body |
View case body. Login to View |
| Case Number |
C.P. No. 1647 of 2018 |
| Decision Date |
Feb 03, 2022 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the civil petition for leave to appeal against the Lahore High Court's judgment, concluding that the revocation of a gift made by a father to his minor child was unlawful. The court emphasized that a gift, whether substantial or minimal, represents an act of kindness and compassion. The court ruled that the principles of Muhammadan law regarding gifts were not adequately considered in the lower courts. The court confirmed that the fact of gifting was not disputed, and the revocation claim was based on an incorrect understanding of legal precedents. The court reiterated that a gift made to a minor cannot be revoked by the donor, particularly when possession has been accepted by the minor's guardian. The court dismissed the petitioners' arguments regarding the validity of the revocation, reinforcing the legal standards surrounding gifts under Muhammadan law. |
| Summary |
The case revolves around the revocation of a gift made by a father to his minor son under Muhammadan law. The Supreme Court of Pakistan addressed the legality of such revocations and the principles governing gifts in Islamic jurisprudence. The court found that the revocation was unlawful, emphasizing that gifts, particularly to minors, should not be easily undone, thereby ensuring the protection of familial relationships and the sanctity of gifts. It highlighted that the gift's acceptance by the minor's mother sufficed for legal validity, and any subsequent claims of revocation must be substantiated by a court decree. This case sets a precedent for future disputes involving familial gifts, particularly within the context of Islamic law, establishing clear standards for the acceptance and revocation of gifts. The ruling reinforces the notion that revoking a gift, especially to close relatives, is contrary to the principles of kindness and affection that underpin such transactions. Keywords: Muhammadan law, gift revocation, minor gift acceptance, Islamic jurisprudence, Supreme Court of Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SAJJAD ALI SHAH,
SAYYED MAZAHAR ALI AKBAR NAQVI,
MUHAMMAD ALI MAZHAR
|
| Lawyers |
Mr. Muhammad Ilyas Shaikh, ASC,
Chaudhry Akhtar Ali, AOR,
Mr. Tahir Mehmood, ASC,
Syed Rifaqat Hussain Shah, AOR
|
| Petitioners |
others,
ABID HUSSAIN
|
| Respondents |
others,
MUHAMMAD YOUSAF
|
| Citations |
2022 SLD 1759,
2022 PLJ 241
|
| Other Citations |
2016 SCMR 1417,
2003 SCMR 286,
PLD 1985 SC 153,
PLD 1991 SC 466,
1987 SCMR 1492,
PLD 1960 Lahore 130,
PLD 1968 SC 54
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Transfer of Property Act, 1882
|
| Sections |
100,
123,
129
|