Mst. RASOOLAN BIBI vs PROVINCE OF PUNJAB Oral gift — 2023 CLC 1171 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 CLC 1171 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLC
Parties: Mst. RASOOLAN BIBI vs PROVINCE OF PUNJAB Oral gift
Subject matter: Criminal

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. RASOOLAN BIBI VS PROVINCE OF PUNJAB Oral gift---Proof---Disentitling a daughter from her share in inheritance through a fraudulent oral gift---When the petitioner-lady had categorically stated that fraud has been committed with her to deny her inheritance share in her father's estate, onus was shifted upon the beneficiaries/ respondents/ defendants to prove validity of oral gift as well as the gift mutation by describing meticulously details of day, date, time, venue, presence of witnesses as well as making of gift, offer and acceptance and delivery of possession in the pleadings (written statement) whereafter such asserted fact should have been necessarily proved through corroborative, affirmative and trustworthy evidence---Perusal of the written statement showed that the respondents / defendants neither furnished the requisite details in their defence regarding date, time, place of gift nor proved the making of any offer of gift and acceptance of the same by them or on their behalf, as such they had failed to prove the oral gift transaction of the suit land as well as the valid incorporation of the impugned oral gift mutation in the revenue record---Such material flaw dismantled the very foundation of the stance of the respondents/defendants---Respondents /defendants tried to deprive the petitioner from her legal share in the estate of her deceased father by committing fraud and got entered the alleged gift mutation in their favour---Revision petition was allowed and suit for declaration filed by the petitioner-lady was decreed.

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