S. AKMAL (deceased) vs MODEL TOWN COOPERATIVE HOUSING SOCIETY Ss — 2025 YLR 841 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 YLR 841 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: YLR
Parties: S. AKMAL (deceased) vs MODEL TOWN COOPERATIVE HOUSING SOCIETY Ss
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

S. AKMAL (deceased) VS MODEL TOWN COOPERATIVE HOUSING SOCIETY Ss. 42, 39 & 54---Suit for declaration, permanent injunction and cancellation of deed/memorandum of gift---Gift in favour of a few legal heirs to the exclusion of other heirs---Locus standi to challenge the alleged gift---Proof adduced by the beneficiaries deficient---Plaintiffs (one being the wife of the deceased while other being one of the two sons) claimed their share in inheritance qua suit-property owned by deceased (having been incorporated at a Housing Society)---Defendants, being (second) son and daughter of the deceased, claimed exclusive rights in the property on the basis of alleged transaction of gift,, orally made in the year 1962 and acknowledgment thereof allegedly made in February, 1974---Claim of the plaintiffs was concurrently declined---Plea of the defendants was that the donor(deceased) had not questioned factum of gift in his lifetime, hence, plaintiffs lacked locus standi to challenge it after donor's death---Validity---In the present case, the legal heirs had challenged the factum of gift on plea of fraud and denial of inheritance share in the estate of the deceased, in which case heavy burden was laid upon the beneficiary of the transaction, which they failed to discharge---High Court set-aside the impugned judgments and decrees of both the Courts below, declaring the transaction of oral gift/memorandum of gift and actions taken on the basis thereof as void and of no effect qua the rights of the petitioners/plaintiff (wife and son of the deceased) with respect to the property-in-question---Revision, filed by plaintiffs, was allowed accordingly.

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