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---Proof---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 based on alleged transaction of gift,, orally made in the year 1962 and acknowledgment thereof allegedly made in 1974---Claim of the plaintiffs was concurrently declined---Validity---Exclusion of the wife and son, being the potential successors, from claiming assets of the deceased, was contrary to ordinary human conduct/behaviour and it was for the defendants/ respondents to substantiate special reasons to prove exclusion of other legal heirs - when their legal and social status was determined and declared---Defendants/ respondents failed to establish that transfer of property-in-question was otherwise part of some family arrangement, whereunder distribution was made as part of some settlement, establishing entitlement of the respondents---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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