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ZAKIA BEGUM vs NASIR-UL-ISLAM KHAN S — 2022 SCMR 2130 SUPREME-COURT

Case information

Citation
2022 SCMR 2130 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2022
Reporter
SCMR
Parties
ZAKIA BEGUM vs NASIR-UL-ISLAM KHAN S
Provisions referred to
S. 2

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

ZAKIA BEGUM VS NASIR-UL-ISLAM KHAN S. 2(h)---Will---Meaning and scope---Will can be considered as a formal document drawn up by a natural person wherein he expresses his wish as to how he would want his estate to be distributed after his death---By virtue of the fact that wills operate after the death of the donor, they are considered testamentary instruments i.e. instruments that come into effect after the death of the donor/testator---Will, therefore, ceases to be a will if it is executed and acted upon during the lifetime of the testator---Instead, a will executed in the lifetime of a donor takes on the guise of an inter-vivos instrument i.e. an instrument which is executed within the lifetime of a person which can take the form of a gift which has its own requirements and different standards of proof.

Other judgments reported in 2022 SCMR

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