Syed AHMAD vs ALI AKBAR Ss — 2021 SCMR 743 SUPREME-COURT

Case information

Citation: 2021 SCMR 743 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2021
Reporter: SCMR
Parties: Syed AHMAD vs ALI AKBAR Ss
Subject matter: Civil
Provisions referred to: S. 17; S. 49; Registration Act (XVI of 1908); 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

Syed AHMAD VS ALI AKBAR Ss. 123 & 129---Registration Act (XVI of 1908), Ss. 17 & 49---Oral gift---Scope---Unregistered gift deed acknowledging the oral gift---Scope---Valid gift could be effected even orally if the formalities prescribed by Islamic Law were complied with i.e., a declaration of gift by the donor; acceptance of gift expressly or impliedly by or on behalf of the donee, and delivery of possession of the subject matter by the donor to the donee---If said three conditions were complied with the gift was complete---Registration of the document (unregistered gift deed acknowledging the oral gift)would not be helpful if any of the said conditions was not satisfied---Written instrument in any case would not create a gift but was a mere evidence of the gift and as such would not in the case of a Muslim require registration---If there was an acknowledgement of the previous gift, the registration of the said acknowledgement was not necessary but independent ingredients of oral gift were to be established---If there was any acknowledgement in writing of the oral gift, and such acknowledgment was not registered, that made no difference, but if on the basis of any gift deed a gift was claimed, that must be registered in the light of S. 17 of the Registration Act, 1908 and effect of its non-registration would be the same as mentioned in S. 49 of the Registration Act, 1908.

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