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FAQIR ALI vs SAKINA BIBI Gift — 2022 PLD 85 SUPREME-COURT

Case information

Citation
2022 PLD 85 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2022
Reporter
PLD
Parties
FAQIR ALI vs SAKINA BIBI Gift
Subject matter
Civil
Provisions referred to
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

FAQIR ALI VS SAKINA BIBI Gift---Proof---Pre-requisites and burden of proof---Whether gift is required to be registered---Gift in order to be valid and binding on the parties must fulfill three conditions, namely declaration of gift by the donor; acceptance of gift by the donee, and delivery of possession of corpus---Valid gift could also be effected orally if the said three prerequisites were complied with and proved through valid and cogent evidence---Written instrument was not a requirement under the Islamic Law nor was the same compulsorily registerable under the provisions of the Registration Act, 1908---However, strict compliance of the three mandatory conditions was required and registration of the document was of no help if any of the three conditions were not satisfied---Beneficiary of a document was not only bound to prove execution of the document but also to prove the gift by producing cogent and reliable evidence that the three necessary requirements of a valid gift namely, offer, acceptance and delivery of possession have been fulfilled, to the satisfaction of the Court.

Other judgments reported in 2022 PLD

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