MUHAMMAD DAWOOD vs Mst — 2025 SCMR 1229 SUPREME-COURT

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MUHAMMAD DAWOOD VS Mst. SAKEENA FAROOQUE Ss. 39, 42 & 54---Transfer of Property Act (IV of 1882), Ss. 123 & 129---Suit for cancellation of document, declaration and injunction---Oral gift---Proof---Concurrent findings of facts by Courts below---Respondent / plaintiff claimed to be owner of suit property and had assailed oral gift allegedly made in favour of petitioner / defendant by her deceased mother---Suit was decreed by Trial Court in favour of respondent / plaintiff and High Court in exercise of appellate jurisdiction maintained that judgment and decree---Validity---Despite the fact that oral gift under Islamic Law was not required to be compulsorily registered under Registration Act, 1908, within the exactitudes of sections 123 and 129 of Transfer of Property Act, 1882, the relaxation of non-registration or optional nature of such registration did not absolve petitioner / defendant (donee) from strictly proving factum of gift or the declartion of oral gift under challenge---Neither petitioner / defendant succeeded in proving indenture of declaration of oral gift nor there was any attempt made to register gift to avoid any future claim or dispute and nor was it proved to have been executed by deceased who was living abroad---Petitioner / defendant also failed to prove as to when deceased donor had come to reduce oral declaration into writing---No witnesses were produced who could satisfactorily corroborate presence of alleged donor in Pakistan---Regardless of all such incongruities and misdeeds, the Housing Society transferred the property in the name of petitioner / defendant in their record which was rightly rendered null and void---Supreme Court declined to interfere in concurrent findings of facts by two Courts below, as there was no illegality or perversity in their judgments and decrees---Petition for leave to appeal was dismissed and leave to appeal was refused.

MUHAMMAD DAWOOD vs Mst — 2025 SCMR 1229 SUPREME-COURT

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