Law:

Section:

Islamic law--- ----Gift---Transfer of entire property in favour of nephew by donor---Scope---Contention of plaintiff was that donor was blind, deaf and dumb at the time of execution of gift deed---Suit was decreed concurrently---Validity---Donor was blind, deaf and dumb and seriously ill when gift deed was executed---Nothing was on record to prove that donor was in senses and he was in a position to understand each and everything with regard to execution of gift deed when he was produced before the Sub-Registrar---Son of donor had been deprived through the impugned gift deed---Nothing had been brought on record to establish as to why donor had ignored his only son from his entire property which had been gifted to his nephew---Non-existence of such facts created doubt with regard to execution of impugned gift deed---Gift deed would not be valid if same was executed without the consent of some of legal heirs through which they had been deprived---Sub-Registrar was bound to mention the condition of donor in his writing but same had not been done---No explanation had been brought on record through the contents of gift deed, writing of Sub-registrar or even through evidence that why the donor preferred his nephew for gift of his property---Nothing was on record that donor was unhappy or annoyed with his son and excluded him from inheritance of his whole property---Execution of gift deed in such circumstances was against ordinary human conduct---Beneficiary of gift deed had failed to prove its voluntary execution---Appendage of thumb impression of donor on gift deed without independent proof of factum of the same in favour of donee would not be sufficient to establish that property had validly been gifted out of free-will---Absence of such reasons for making gift had made doubtful the genuineness of transaction which was void---Defendant had failed to prove that impugned gift deed was executed with free consent of donor---Impugned gift was null and void over the rights of plaintiff---Appeal was dismissed in circumstances. PLD 2003 AJ&K 25; 2003 SCR 92; 2012 CLC 1483 and PLD 2012 Lah. 386 ref. PLD 1984 SC 650; 1987 CLC 1757; 1989 SCMR 1390; PLD 1993 Pesh. 200;…

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