ABDUL NASIR vs BIBI HAJIRA Oral gift — 2023 CLC 1391 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 CLC 1391 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: CLC
Parties: ABDUL NASIR vs BIBI HAJIRA Oral gift
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

ABDUL NASIR VS BIBI HAJIRA Oral gift---Proof---Exclusion of daughters---Respondents/plaintiffs were daughters of deceased owner of suit property who assailed mutation attested in favour of petitioners/defendants which was attested on the basis of oral gift by their father--- Suit was decreed by Trial Court in favour of respondents/plaintiffs but Lower Appellate Court decreed the same---Validity---No evidence was available on record as to why father had deprived his daughters from legacy at the time of his extreme old age---No evidence existed on record that plaintiffs/daughters were unsound or disobedient to their father which had compelled him to deprive them from their share in inheritance--- Though donor was free to gift his whole or part of property to anyone of his choice but when some legal heirs were deprived, it was imperative upon the beneficiary to bring a motive for depriving them from their due share---Mere transfer mutation was not proof of valid gift, which had to be proved independently---No witness of oral gift was produced in whose presence property was orally gifted to petitioners/defendants---High Court set aside judgment and decree passed by Lower Appellate Court and restored that of Trial Court--- Revision was dismissed accordingly.

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2023 CLC 1721 QUETTA-HIGH-COURT-BALOCHISTANMUHAMMAD SAEED VS The CHAIRMAN, BALOCHISTAN PUBLIC SERVICE COMMISSION art.199---Constitutional jurisdiction---Factual controversy---Scope---…

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