Mst. SADIQAN BEGUM vs MUHAMMAD SIDDIQUE Oral gift — 2025 CLC 1158 LAHORE-HIGH-COURT-LAHORE

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Mst. SADIQAN BEGUM VS MUHAMMAD SIDDIQUE Oral gift---Burden of proof, shifting of---Scope---Burden of proof shifts upon denial of gift---When validity and correctness of a gift transaction is challenged it becomes mandatory and essential for the beneficiary to prove the valid execution of same---Female member of the family deprived by male member of her share in inheritance---In order to prove her case, the petitioner/plaintiff who was deprived by his brother from inheritance of their deceased father, appeared as PW3 and supported the contents of the plaint---She deposed that her deceased father never gifted the suit property to the respondent/defendant (brother of petitioner/plaintiff) and the same was outcome of fraud---She specifically stated that she was never aware of any such transaction---This very statement of the petitioner/plaintiff had clearly shifted the onus of proving onto the respondent/defendant (brother of petitioner/plaintiff) being beneficiary of oral gift which he failed to discharge by shying away from appearance as a witness---The respondent/defendant instead of appearing before the court merely relied on testimony of his son who merely appeared as his father's attorney---It was an unfortunate fact that male members of families deprive their female relatives of their legal entitlement to inheritance and in doing so Sharia and law was violated---Concurrent findings of the courts below fell within the exception of interference for exercising revisional jurisdiction of the court and the same were therefore set aside---The suit filed by the petitioner/plaintiff (female legal heir deprived from inheritance) was decreed as prayed for---Civil revision was allowed, in circumstances.

Mst. SADIQAN BEGUM vs MUHAMMAD SIDDIQUE Oral gift — 2025 CLC 1158 LAHORE-HIGH-COURT-LAHORE

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