Mst. KALSOOM BEGUM vs PERAN DITTA Essential ingredients — 2022 SCMR 1352 SUPREME-COURT

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Mst. KALSOOM BEGUM VS PERAN DITTA Essential ingredients---To constitute a valid gift, it is settled that three essential ingredients must exist; first, declaration of gift; second, acceptance of the gift, and third, delivery of the possession of the subject of the gift. Head NotesCase Description Citation Name: 2022 SCMR 1352 SUPREME-COURTBookmark this Case Mst. KALSOOM BEGUM VS PERAN DITTA S. 4---Constitution of Pakistan, Art. 203-D(2), proviso---Inheritance---Grandchildren, share of---Section 4 of the Muslim Family Laws Ordinance, 1961 ('the Ordinance'), applicability of---Decision of the Federal Shariat Court in the case reported as Allah Rakha v. Federation of Pakistan (PLD 2000 Federal Shariat Court 1) ('Allah Rakha case'), which had struck down section 4 of the Ordinance, was challenged in an appeal filed under Article 203F of the Constitution before the Shariat Appellate Bench of the Supreme Court, and leave was granted---Since the appeal is pending adjudication, the decision of the Federal Shariat Court in 'Allah Rakha case' has not come into effect, because of second part to the proviso to clause (2) of Article 203(D) of the Constitution---Consequently, section 4 of the Ordinance continues to be the subsistent law of Pakistan, and shall remain so till such time that the Shariat Appellate Bench of the Supreme Court either upholds the decision of the Federal Shariat Court in the 'Allah Rakha case' or dismisses the said appeal. Head NotesCase Description Citation Name: 2022 SCMR 1352 SUPREME-COURTBookmark this Case Mst. KALSOOM BEGUM VS PERAN DITTA Essential ingredients---Implied acceptance of the gift by the donee---Scope---Acceptance may be implied in certain circumstances, for instance, by simply saying thank you or by some other act signifying acceptance, such as a nod of the head. Head NotesCase Description Citation Name: 2022 SCMR 1352 SUPREME-COURTBookmark this Case Mst. KALSOOM BEGUM VS PERAN DITTA S. 4---Inheritance---Minor daughter of predeceased son---Purported gift deed to disentitle minor daughter of predeceased son from her share in inheritance---In the present case, the gift deed did not state that the donees (uncles of the plaintiff), or either of them, had accepted the gift of the subject land---Gift deed had the purported thumb impression of the donor, and a donee was stated to have signed it, but it did not state whether the said donee signed it as a witness or as a donee---Donees did not allege that they had specifically accepted the gift, nor that they had impliedly accepted it---Written statement, jointly filed by the donees/uncles, did not state that they, or either of them, had explicitly or impliedly accepted the gift---Mere fact that they were in possession of the subject land was of no significance or consequence since they were the purported donor's sons, and as such tilling the land for him---Burden of proof to establish the gift and its validity, lay upon the donees/uncles as they were its beneficiaries; they also stood in a position of active confidence to their elderly father---Donees/uncles had failed to establish or sustain the said gift---Consequently, on the death of the purported donor, his legal heirs would inherit his estate, including his granddaughter (the plaintiff/appellant herein) as per section 4 of the Muslim Family Laws Ordinance, 1961---Appeal was allowed. Head NotesCase Description

Mst. KALSOOM BEGUM vs PERAN DITTA Essential ingredients — 2022 SCMR 1352 SUPREME-COURT

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