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TAHSINULLAH vs Mst — 2022 SCMR 346 SUPREME-COURT

Case information

Citation
2022 SCMR 346 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2022
Reporter
SCMR
Parties
TAHSINULLAH vs Mst
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

TAHSINULLAH VS Mst. PARVEEN (DECEASED) Gift---Proof---Brother depriving his sisters of their share in inheritance through a purported gift of immoveable property made by their father---Violation of laws of Almighty Allah---In the present case, perusal of the gift/tamleek mutation showed that acceptance of the gift by the appellant (brother) was not mentioned---Alleged donor/father of the parties had made the said gift the very same day that he died---Burden to establish the gift lay upon the appellant, which he failed to discharge and the fact that it was made by his father on the very day that he died made it extremely suspect and unreliable---Sisters themselves had filed the suit in their lifetime, which was sufficient to sustain it---High Court had rightly decreed the suit filed by the sisters challenging the gift/ tamleek mutation---Appeal was dismissed with the observations that it was a matter of great regret that the laws of Almighty Allah and the law of the country was not abided by the appellant, who brought forth a fictitious gift in his favour by depriving the legal heirs of their respective shares as prescribed by Islamic Shari'ah and on the basis of such manipulation the appellant managed to remain in possession till date, that is, after a period of almost thirty-eight years.

Other judgments reported in 2022 SCMR

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