Citation Name: 2024 YLR 1238 LAHORE-HIGH-COURT-LAHOREBookmark this Case SHEHZAD NAWAZ vs Mst — 2024 YLR 1238 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2024 YLR 1238 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2024
Reporter: YLR
Parties: Citation Name: 2024 YLR 1238 LAHORE-HIGH-COURT-LAHOREBookmark this Case SHEHZAD NAWAZ vs Mst
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

Citation Name: 2024 YLR 1238 LAHORE-HIGH-COURT-LAHOREBookmark this Case SHEHZAD NAWAZ VS Mst. RAAJ BEGUM Ss. 42 & 54---Declaration and injunction---Gift---Proof--- Respondents/ plaintiffs were legal heirs of deceased owner of suit property which was mutated in the name of defendant on the basis of gift allegedly made in favour of his predecessor-in-interest---Trial Court and Lower Appellate Court concurrently decided the matter in favour of respondents / plaintiffs--- Validity--- To prove gift, it was incumbent to allege and prove three mandatory ingredients; declaration of gift; acceptance of gift; and transfer of possession of property---It was also necessary to specifically mention time, place and names of persons in whose presence such pre-requisites were performed---Neither such ingredients were mentioned in written statement nor were proved in evidence of defendant---No gift was made by deceased owner of suit land during his lifetime, in favour of predecessor-in-interest of defendant---Execution of power of attorney or existence of any authority therein of making gift of property of deceased owner was not proved by defendant---Suit property devolved upon legal heirs of deceased owners on opening of succession in accordance with Islamic shares, as subsequent mutations in favour of defendant were illegal, a result of fraud, void ab initio and ineffective in law---Second appeal was dismissed, in circumstances.

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