Muhammad Iqbal vs Mst — 2025 YLR 917 LAHORE-HIGH-COURT-LAHORE

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Muhammad Iqbal VS Mst. Sakina Bibi Ss. 42 & 54---Suit for declaration with permanent injunction---Oral gift---Mutation---Fraud---Essential ingredients of a valid gift---Proof---Beneficiary of oral gift---Onus to prove---Non-mentioning of details of oral gift by the donees/petitioners in the written statement---Effect---Inherited land---Exclusion of females---Death of attesting witnesses---Production of sons---Withdrawal of suit/appeal on the basis of compromise by two sisters (plaintiffs) with brothers (defendants) after receiving their share in the inheritance---Effect---Suit filed by the respondents/daughters was dismissed, but the appeal was allowed---Validity---Respondent substantially dissipated the onus, thus, being beneficiaries of the gift mutations burden was shifted upon the petitioners to prove the validity of the gift initially by describing the day, date, time, names of the witnesses and venue of the transaction as well the offer made by the donor and acceptance of the offer of gift by the petitioners as well as delivery of possession of gift property in their pleading and said asserted stance should be proved through believable and corroborative evidence as well as to prove subsequent event regarding registration of gift deed independently, however, petitioners failed to prove the ingredients of gift, which legal flaw vitiated the validity of gift deed---Non-proving of the asserted stance of gift transaction through corroborative, credible and trustworthy evidence was considered a material flaw, which dismantled the very foundation of the stance of the petitioners---Petitioners tried to deprive the respondent from her inherited property by committing fraud and getting the gift mutations entered in their favour, whereas, such like custom/practice of depriving of the females from their accrued share in the inheritance had seriously been deprecated---One of the plaintiffs (daughter) appeared before the Trial Court and got her statement recorded on oath to the effect that she had received her share from the petitioners and that statement was not controverted by the petitioners, thus, being the beneficiary of the gift transaction they themselves had dismantled the validity of the gift mutations---Civil revision was dismissed, in circumstances.

Muhammad Iqbal vs Mst — 2025 YLR 917 LAHORE-HIGH-COURT-LAHORE

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