Law:

Section:

Gift--- ----Cuttings on document of mutation---Effect---Cuttings which had been made on the mutation were sufficient to declare the gift deed null and void---Donee did not make statement with regard to date, time and place of making oral gift and names of witnesses in whose presence same was made---Thumb mark of donor was not available over the gift mutation which was sufficient to declare the gift deed unlawful and product of fraud---Ingredients of gift i.e. offer, acceptance and delivery of possession were missing in the present case---Donee was required to prove the oral gift independently that of the gift mutation---Scribe or signatory of gift or any official from the revenue staff had not been produced to prove the alleged gift---Alleged gift deed was produced in the statement of counsel which was not admissible in evidence---No gift, in circumstances, was made by the donor in favour of donee---Alleged gift was product of fraud and fabrication to deprive the plaintiffs from secured and guaranteed rights---Donee had played fraud with his sisters to grab their sharia shares---Impugned and decree passed by the Appellate Court were set aside and those of Trial Court were restored---Revision was allowed in circumstances. Khan Muhammad Yusuf Khan Khattak v. S. M. Ayub and 2 others PLD 1973 SC 160; Ghulam Ali and 2 others v. Mst. Ghulam Sarwar Naqvi PLD 1990 SC 1 and Mst. Gohar Khanum and others v. Mst. Jamila Jan and others 2014 SCMR 801 not applicable. THIS JUDGMENT DELIVERED BY: ALI AKBAR QURESHI, JUSTICE:---.--- The petitioners, who have been deprived from their right of inheritance guaranteed by the Allah Almighty and the Law of Land by their brother as usual using the device of a gift mutation, filed a suit for declaration, challenging the gift mutation No. 7942, dated 02.02.1992, on the grounds, that the father of the parties to the case namely Muhammad Ibrahim died on 22.04.2001, leaving behind the two daughters (the petitioners) and one son (respondent) to mourn his death. The deceased father left the suit land in legacy, which was being cultivated by deceased Ibrahim in his life time and after his death his only son Muhammad Sharif, the respondent…

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