Law:

Section:

(a) Gift--- ----Proof---Exclusion of legal heir---Effect---Donee claiming under a gift that excluded an heir, was required by law to establish the original transaction of gift irrespective of whether such transaction was evidenced by a registered deed--- Gift deed must justify the disinheritance of an heir from the gift. Kulsoom Bibi v. Muhammad Arif 2005 SCMR 135; Ghulam Haider v. Ghulam Rasool 2003 SCMR 1829 and Barkat Ali v. Muhammad Ismail 2002 SCMR 1938 ref. (b) Gift--- ----Possession---Mere transfer of possession to donee was not sufficient to constitute a valid gift under the law. THIS ORDER PASSED BY: UMAR ATA BANDIAL, JUSTICE:---.--- The respondent Muhammad Tufail filed a suit for being wrongly disinherited from his share in the legacy of Gomaan vide a mutation of Tamleek No. 749 dated 21.3.1985 incorporated in pursuance of registered Tamleek deed dated 17.3.1985 (Exh.P-7). The impugned judgment dated 27.4.2009 by the learned High Court has set aside the result rendered by the learned Appellate Court and restored the judgment of the learned Trial Court dated 29.6.1993 to decree the respondent's suit. Consequently, the entitlement of respondent-Muhammad Tufail as heir in the legacy of deceased Gomaan stands affirmed by rejecting the registered Tamleeknama and the consequential mutation mentioned above. 2. The principal issue, whether the respondent-plaintiff Muhammad Tufail could claim as a legal heir of Gomaan, is settled by a concurrent finding of fact given by three learned Courts below. In the light thereof the rule laid down by this Court in…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492