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Mst. PARVEEN (DECEASED) vs MUHAMMAD PERVAIZ S — 2022 SCMR 64 SUPREME-COURT

Case information

Citation
2022 SCMR 64 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2022
Reporter
SCMR
Parties
Mst. PARVEEN (DECEASED) vs MUHAMMAD PERVAIZ S
Subject matter
Civil
Provisions referred to
S. 42; Punjab Land Revenue 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

Mst. PARVEEN (DECEASED) VS MUHAMMAD PERVAIZ S. 42(7)---Gift---Proof---Male heirs (brothers) resorting to a purported gift deed to deprive female heirs (sisters) from their share of inheritance---Held, that in the present case the gift was stated to have been witnessed by three persons, and even if it be accepted that two of the said witnesses had died by the time the evidence was recorded, the third witness, was alive but he was not brought to testify as a witness in support of the gift, therefore, an adverse presumption may be drawn that if he did come to testify he would not have supported the gift---Furthermore only one of the two donees (sons) testified in support of the gift and the other donee, did not do so nor did he execute a power of attorney in favour of his brother, authorizing him to give evidence on his behalf---Purported donor of the gift was also not identified as required by S. 42(7) of the Punjab Land Revenue Act, 1967, therefore, it could not be said that the person who was presented before the Revenue authorities was the donor---Purported gift also suffered from the defect of non-acceptance by donees and the further defect of not mentioning that the possession of the land allegedly gifted was handed over to the donees---Resultantly, gift mutation in favour of the brothers, was set aside and declared to be of no legal effect---Supreme Court directed that the estate in question shall be distributed amongst all the legal heirs in accordance with the applicable Muslim laws of inheritance; that the concerned Revenue authority shall incorporate the names of the legal heirs in the revenue record and if the brothers had sold/transferred any portion of the land to any third party the sisters' shares shall be adjusted from their brothers' available shares.

Other judgments reported in 2022 SCMR

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