AYAZ MUHAMMAD vs Mst — 2022 CLC 1545 PESHAWAR-HIGH-COURT

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AYAZ MUHAMMAD VS Mst. NARGIS S.42---Qanun-e-Shahadat (10 of 1984), Arts.17, 79, 117 & 118---Inheritance---Gift mutation against Legal/Shara'i shares---Suit for declaration filed by the respondents being legal heirs (widow and children) of the deceased claiming that suit properties were fraudulently mutated in favour of petitioners/defendants; that the said properties were the legacies of their deceased husband/father; and that the respondents were entitled to their respective shares in the properties---Petitioners contested the suit alleging that the deceased had gifted the suit properties; that the petitioners were also legal heirs (other widow and sons) of the deceased; and that the suit properties were not the legacies of the deceased anymore---Respondents' suit was concurrently decreed---Validity---Relationship between the parties being legal heirs of the deceased was not denied and as such the pedigree-table given in the plaint was admitted by both the parties and petitioners were also widow/children of the deceased---Petitioners being beneficiaries of the suit properties were under heavy burden to prove the incident of gift and the execution of gift mutation as per the required standard of proof but they could not prove the same---Only one marginal witness of the impugned gift deed was produced and such deed was not executed in the mode/manner as prescribed in S.42 of Khyber Pakhtunkwa Land Revenue Act, 1967 and Arts.17 & 79 of the Qanun-e-Shahadat, 1984---Petitioner, in their statements and their witnesses did not utter a single word regarding the incident of the alleged gift a nd thus the same could not be treated as valid one---Revision petition was dismissed accordingly. Head Notes

AYAZ MUHAMMAD vs Mst — 2022 CLC 1545 PESHAWAR-HIGH-COURT

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