Law: Muhammadan Law

Section: 140,149

Law: Muhammadan Law

Section: 140,149

Law: Qanun-e-Shahadat (10 of 1984)

Section: 78

Law: Transfer of Property Act, 1882

Section: 53

(a) Islamic Law-------Gift (hiba), validity of---Failure to prove essentials of a valid gift---Concept of abdication from estate---Recognition under Islamic law---Scope---Donor and donee residing together at the time of gift---Revenue officer and officials, who entered, registered and attested the gift mutation not examined---One of the donees/defendant making an alternate claim of having purchased the property---Effect---Suit for declaration, perpetual injunction and possession through partition---Controversy between the parties, revolved around the impugned gift-deed, made by predecessor of the parties in favour of one of his sons and grandsons (defendants/appellants)---Plaintiff (petitioner), who was also a son of the predecessor, filed suit to claim his inheritance share in the disputed property, contending therein that his father/donor was not in his proper senses at the time of impugned gift, therefore, he could not have alienated the suit property through gift deed and mutation---Defendants (respondents) contested the suit contending that the donor had abdicated the plaintiff (declared plaintiff as "Aaq") due to his disobedience---Suit of plaintiff was dismissed by the civil court and First Appellate Court---Validity---Only reason shown by the defendants for transfer of entire property in their favour, to the exclusion of all other legal heirs including the plaintiff, was the abdication of the plaintiff---Said reason was not recognized under Islamic law---Transferee/defendants were obliged to have proved the transfer in their favour as voluntary , with free consent of the donor and free from doubts, fraud and fabrication---No evidence was available on record to show that offer, acceptance and delivery of possession had been made by the donor to the donee, which were the essential requirements of a valid gift---Free and independent consent of the donor was not proved---Testimonies of the Revenue Officer, Sub-Registrar, Patwari, Lumberdar and Local Councillor, all having played a pivotal role in registration and execution of the gift deed and mutation, were not obtained---Plaintiff had made a detailed statement before the Trial Court alleging fraud and…

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