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BASHIR AHMED vs Mst — 2024 PLD 9 HIGH-COURT-AZAD-KASHMIR

Case information

Citation
2024 PLD 9 HIGH-COURT-AZAD-KASHMIR
Year
2024
Reporter
PLD
Parties
BASHIR AHMED vs Mst
Subject matter
Civil
Provisions referred to
Property 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

BASHIR AHMED VS Mst. HAJIRAN BIBI Ss. 42 & 12---Suit for declaration and possession---Gift-deed in favour of son/brother---Proof---Claim of the plaintiff/sister was that she was minor when the impugned gift-deed was recorded in favour of her brother/defendant---Claim/stance of the defendant/brother was that at the time of registration of gift-deed the plaintiff/sister had attained majority---Suit filed by sister against her brother challenging gift-deed in his favour was concurrently decreed---Validity---Claim of the appellant (defendant/brother) was not proved from the record because it was established from evidence that the plaintiff took birth after the death of her father---Even if the stance taken by defendant/appellant regarding date of death of father of plaintiff was accepted even then on the date of registration of gift-deed the sister was minor for the purpose of Transfer of Property Act, 1882, thus the gift deed was illegal for the reason that a minor was not competent to enter into an agreement---Second appeal filed by the defendant/brother was dismissed, in circumstances.

Other judgments reported in 2024 PLD

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