MUHAMMAD FARRUKH IQBAL vs Mrs — 2021 SCMR 1341 SUPREME-COURT

Case information

Citation: 2021 SCMR 1341 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2021
Reporter: SCMR
Parties: MUHAMMAD FARRUKH IQBAL vs Mrs
Subject matter: Civil
Provisions referred to: S. 123---R; S. 17; S. 123; Registration Act (XVI of 1908); Property Act; Registration Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD FARRUKH IQBAL VS Mrs. AYESHA IRAM S. 123---Registration Act (XVI of 1908), S. 17(a)---Purported oral gift---House allegedly gifted through a "Declaration of Oral Gift"---Whether such gift document was required to be registered ---Held, that S. 123 of the Transfer of Property Act, 1882 provided that 'For the purpose of making a gift of immovable property, the transfer must be effected by a registered instrument signed by or on behalf of the donor and attested by at least two witnesses---Gift document stated that the, 'DONOR, hereby gift the above said property…', that is, the house---Thus, it was clear that the gift document did not merely record an earlier oral gift but it was through the gift document that the house was purportedly gifted---Title of the gift document was inconsequential in view of its clear and unambiguous contents, which stated that the house was sought to be gifted by and through the gift document---Furthermore S. 17(a) of the Registration Act, 1908 required that gifts of immovable property made by or through written documents required registration, therefore, the gift document required registration---In the absence of the statutory requirement of registration of the gift document it could not be used to transfer the property/house to the petitioner---Petition for leave to appeal was dismissed and leave was refused.

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