ABDUL HASSAN vs MUHAMMAD ABBAS Limitation — 2023 MLD 346 Gilgit-Baltistan Chief Court

Case information

Citation: 2023 MLD 346 Gilgit-Baltistan Chief Court
Year: 2023
Reporter: MLD
Parties: ABDUL HASSAN vs MUHAMMAD ABBAS Limitation
Subject matter: Civil
Provisions referred to: S. 42---

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 HASSAN VS MUHAMMAD ABBAS Limitation---Scope---No bar of limitation and estoppel exists in cases of inheritance. Head NotesCase Description Citation Name: 2023 MLD 346 Gilgit-Baltistan Chief CourtBookmark this Case ABDUL HASSAN VS MUHAMMAD ABBAS S. 42--- Suit for declaration--- Gift deed---Non-production of marginal witnesses---Inheritance, entitlement to---Scope---Plaintiffs filed a suit for enforcing right of inheritance in their maternal grandfather's legacy---Defendant claimed that the mother of plaintiffs had passed away during the lifetime of her father and that the property had been gifted to him through a gift deed---Validity---Gift deed was neither registered nor marginal witnesses were produced in the trial court---Defendant had not produced any oral or documentary evidence regarding necessary ingredients/conditions of a gift i.e. offer, acceptance and delivery of possession---Children of predeceased daughter of the late full owner inherited the same which the mother would have got as if she was alive at the time of opening of succession---Petition was allowed and resultantly, the suit was decreed. Head NotesCase Description

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