Mahmooda Bibi vs Muhammad Khurshid Alem Ss — 2025 YLR 164 LAHORE-HIGH-COURT-LAHORE

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Mahmooda Bibi VS Muhammad Khurshid Alem Ss. 39, 42 & 54---Suit for declaration with consequential relief---Gift mutation, execution of---Proof---Plaintiff filed a declaratory suit seeking therein consequential relief of cancellation of gift mutation, executed in favour of respondents Nos.1 to 3 by the father of the parties on the ground that said transaction was based on fraud, and therefore, revenue record to that extent was liable for correction---Suit was dismissed by the Trial Court, while appeal was dismissed by the Appellate Court---Validity---When sanctity of a gift deed or mutation is challenged or called into question, the beneficiary has to not only prove the valid execution of gift deed or mutation but also the original proceedings of gift---Respondents failed to provide sufficient details in their written statement and plaint regarding the gift transaction and they did not specify the time, date, place, or witnesses present when the gift was offered and accepted---Mutation did not explain why the donor excluded her daughters and gifted the property to her sons only, which showed that the respondents had failed to discharge the heavy burden of proving the valid gift in their favour---Donor was an old lady i.e. 75/80 years of age and was living with the respondents, so the execution of gift mutation under duress and fear as well as compulsion could not be ruled out and the donor was not allowed to consult her daughters before the transaction---Gift mutation was not read over to donor to make her understand the consequences of the same, especially when she was living at the mercy of the respondents---Patwari, who recorded the mutation, admitted to not knowing the donor personally and not recording her CNIC number---Prosecution witnesses did not provide any reason for the gift, while the respondents claimed it was in exchange for services and out of affection---No evidence was available on the record that some independent advice was given to the donor, which was necessary keeping in view her old age, especially when through the gift mutation the real daughters were going to be excluded from getting their shares---Civil revision was allowed, in circumstances.

Mahmooda Bibi vs Muhammad Khurshid Alem Ss — 2025 YLR 164 LAHORE-HIGH-COURT-LAHORE

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