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

Case information

Citation
2025 CLC 1158 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2025
Reporter
CLC
Parties
Mst. SADIQAN BEGUM vs MUHAMMAD SIDDIQUE Oral gift, proof of
Subject matter
Criminal

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

Mst. SADIQAN BEGUM VS MUHAMMAD SIDDIQUE Oral gift, proof of---Constructive possession, principle of---Scope---Continuous possession by male heir deemed constructive on behalf of sister (female heir)---No presumption of gift merely due to possession of sole male heir---Burden of proof not discharged by mere possession---In absence of proof of a valid gift the continuous possession of the respondent/defendant (brother of petitioner/plaintiff) being the only male surviving member of the family was constructive possession on behalf of her sister (petitioner/plaintiff), an uneducated village lady---Possession of the suit property by the only brother of the petitioner/plaintiff lady could not solely confirm the transaction of the impugned gift---Merely because the respondent/defendant (brother) was in possession of the land did not mean, let alone established, that the land was gifted to him, however, it itself confirmed that he took advantage of his gender and position and made the best out of the vulnerability of a dependent female---Civil revision was allowed and suit filed by petitioner/plaintiff (female heir) was decreed.

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