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BASHIR AHMAD ANJUM vs MUHAMMAD RAFFIQUE Proof — 2021 SCMR 772 SUPREME-COURT

Case information

Citation
2021 SCMR 772 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
BASHIR AHMAD ANJUM vs MUHAMMAD RAFFIQUE Proof
Subject matter
Civil

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

BASHIR AHMAD ANJUM VS MUHAMMAD RAFFIQUE Proof---Purported gift mutation to deny siblings of inheritance---Subject land was not directly gifted to the petitioner by his deceased father, but was stated to have been gifted to him by a person, who was stated to be the father's attorney---Burden to establish that the father had executed the said power of attorney lay upon the petitioner and all the more so as it was on its basis that the gift was made in favour of the petitioner---However, the original of the said power of attorney was not produced nor permission to produce secondary evidence was obtained---Repository of the record, i.e., the District Registrar's Office denied execution of such power of attorney and it did not exist in their record---During recording of evidence it was also noted that at the relevant time the father was a very old man---Petitioner also gave no reason as to why his father, would execute a power of attorney, nor why he would not appoint anyone from amongst his two sons and three daughters---Moreover, if the father was able to have gone to the District Registrar's office to execute the said power of attorney, he could easily have also gone to the Revenue Office to directly gift his land to the petitioner---Petitioner deprived his siblings of their inheritance and managed to do so for about twenty two years compelling an heir to file a suit to claim what was legally theirs---Trial Court had rightly decreed the suit filed by petitioner's brother---Petition for leave to appeal was dismissed with costs throughout.

Other judgments reported in 2021 SCMR

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