Law:

Section:

(a) Gift--- ----Proof---Memo of gift---Basic ingredients with regard to date, venue and names of witnesses to disclose as to when, where and before whom, declaration of gift was made by donor, were missing on the memo. of gift---Intention of oral gift as well as its acceptance had taken place prior to the execution of memo.--Non-disclosure of the ingredients with regard to time, venue and witnesses in the memo. of gift as well as in the plaint would create a serious doubt about declaration of gift---No evidence was led on such points---Basic ingredients of valid gift had not been proved in circumstances. Pakistan v. Abdul Ghani PLD 1964 SC 68 and Hyder Ali Bhimji v. VIth Additional District Judge, Karachi (South) and another 2012 SCMR 254 rel. (b) Gift--- ----Essentials---Essential features of a valid gift were declaration, its acceptance and delivery of possession in lieu thereof---Where any of the said ingredient was found missing, such transaction could not be declared a valid gift---Prerequisites for valid gift i.e. offer, acceptance and delivery of possession were not proved in the present case---Donees had not proved the essential features of a valid gift in circumstances. (c) Qanun-e-Shahadat (10 of 1984)--- -----Arts. 17(2)(a) & 79 ---Gift---Execution of memo. of gift---Proof---Attesting witnesses---Petitioners alleged that their father had gifted suit property in their favour through memo. of gift but respondents alleged the same to be forged, fictitious and result of collusion---Validity---Admittedly, the memo. of gift was attested by two witnesses---Memo. of gift could not be used until two attested witnesses were examined---Petitioners got examined only one attesting witness who failed to depose as to the contents of the document and could not verify his signature or thumb impressions thereon---Said witness could not be treated as an attesting witness---Requirements of law with regard to a valid gift were not fulfilled, in circumstances. (d) Gift--- ----Gift made in favour of some (but not all) legal heirs of donor---Scope---Donor was free to gift out his property to any person of his choice, but when some of the legal heirs were deprived, it…

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