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GHULAM MUSTAFA vs GHULAM HAIDER Gift — 2025 PLD 152 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2025 PLD 152 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2025
Reporter
PLD
Parties
GHULAM MUSTAFA vs GHULAM HAIDER Gift
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

GHULAM MUSTAFA VS GHULAM HAIDER Gift---Ingredients---Delivery of possession, absence of---Revocation of gift---Gift-mutation, challenging of---Settlement Officer set-aside gift-mutation accepting application of the donor filed by him in his life ('the gift mutation-in-question') which findings were maintained upto the Board of Revenue---Validity---To constitute a valid gift under Para 149 of Principles of Muhammadan Law, delivery of possession of the subject of the gift by the donor to the donee is one of three essential ingredients (i.e. declaration, acceptance and delivery of possession of gift)---Under Para 167 of Principles of Muhammadan Law, the donor can opt revocation of gift before delivery of possession or where gift property has not been delivered to the donee---In the present case, the recital in the mutation of the gift mutation-in-question did not state that the purported subject matter of the gift was handed over to the donees---Therefore, it could not be concluded that the gift of the property-in-question was delivered to the donees---No illegality had been noticed in the impugned gift-mutation cancelling orders passed by revenue authorities---Constitutional petition was dismissed, in circumstances.

Other judgments reported in 2025 PLD

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