Rab Nawaz (deceased) vs Mst — 2025 MLD 286 LAHORE-HIGH-COURT-LAHORE

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Rab Nawaz (deceased) VS Mst. Samra Andleeb Ss. 42 & 39 --- Suit for declaration and cancellation of gift-mutation --- Gift --- Essential ingredients of valid gift---Proof---Power of attorney --- Principal, permission of --- Scope---Daughter of deceased/father challenged general power of attorney allegedly entered/sanctioned by their deceased father in favour of defendant ( son/brother) who transferred the property of principal/father to his (defendant's) wife through gift deed without the special/express permission of principal --- Claim under challenge was concurrently decreed in her (plaintiff's) favour --- Validity ---Record reveals that the defendants/petitioners had neither specifically pleaded in the written statement about the alleged special/specific permission of the principal/father to his attorney (son/defendant) to gift his property to his wife (defendant) through disputed gift deed or the original transaction of gift with time, date, day, month etc. nor the three essential ingredients of valid gift i.e. offer, acceptance and delivery of possession---Defendants/petitioners had also not pleaded/exhibited any document(s) especially showing the written consent/permission of the principal to the attorney as allegedly was written in the disputed gift deed--- On the basis of alleged general power of attorney alleged gift deed was registered during the lifetime of the principal and , strangely, neither the principal himself exercised the right and power for the purpose of making a gift to alleged donee/his daughter-in-law by taking a mentally conscious decision nor signed disputed gift deed in favour of the alleged donee, who had no mental or physical incapacity at that time, pleaded by the defendants/petitioners themselves in their written statement---Defendants/petitioners failed to plead and prove through evidence (i) execution of general power of attorney and (ii) making of original oral gift transaction with its legal ingredients; valid gift with offer, acceptance and delivery of possession, express permission/instructions of donor/principal to his attorney for making gift and execution of disputed gift deed--- Neither any misreading or non-reading of evidence on record nor any infirmity, legal or factual, had been pointed out in the challenged findings of the Courts below----Civil revision , filed by defendants, was, dismissed in limine.

Rab Nawaz (deceased) vs Mst — 2025 MLD 286 LAHORE-HIGH-COURT-LAHORE

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