Law:

Section:

(a) Islamic Law-------Gift---Deathbed gift---Proof---Donor being of very old age and having unsound mind---Donor living at mercy of donee---Undue influence of donee---Lack of possession of donee--Effect---Donee allegedly gifted disputed property to one of his sons/purported donee at the exclusion of others---At the time of making gift donee was 92/93 years old, meaning thereby that he was fairly old at the relevant time---Witnesses in their evidence stated that the donor did not enjoy sound mental health at the time of making gift, and such evidence went unquestioned and thus remained unshaken---Such evidence appeared to be quite credible when considered in light of the age of the donor and other attending circumstances---Element of undue influence of donee could not be ruled out when the donor being old, infirm and incapacitated was living at the mercy of the donee---Alleged donee made contradictory statements regarding delivery of possession of disputed property to him and could not be said to have discharged the burden of proof to prove all the essentials of a gift, therefore no valid gift was ever made in his favour---Appeal was allowed accordingly. Mst. Hamida Begum v. Mst. Murad Begum and others PLD 1975 SC 624 ref. Shamshad Ali Shah and others v. Syed Hassan Shah and others PLD 1964 SC 143 and Mst. Chanan Bibi and 4 others v. Muhammad Shafi and 3 others PLD 1977 SC 28 distinguished. (b) Islamic Law--- ----Gift---Mental health of donor---Relevance---Evidence regarding mental health of donor could devastate the very basis of a gift. (c) Islamic Law--- ----Gift---Validity of gift challenged---Burden of proof---When a gift was challenged, the burden of proof lay on the donee to prove that all essentials of the gift were fulfilled. Mian Dilawar Mahmood, Senior Advocate Supreme Court for Appellants. Hafiz S.A. Rehman, Senior Advocate Supreme Court for Respondent. Date of hearing: 21st February, 2014. ORDER EJAZ AFZAL KHAN, J.---This appeal with the leave of the Court has arisen out of the judgment dated 11-11-2002 of the Lahore High Court, Lahore whereby the learned Judge in its Chambers allowed the revision petition filed by the respondent, set ­aside the…

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