Law: Civil Procedure Code (V of 1908)

Section: 115,4

Law: Contract, Act, 1872

Section: 10

Law: Qanun-e-Shahadat (10 of 1984)

Section: 78

Civil Procedure Code, 1908 (V of 1908)-- ----S. 115 & O. VI, R. 4--Contract Act, (IX of 1872), S. 10--Qanun-e-Shahadat Order, (10 of 1984), Art. 78--Transfer of properties by gift deed--Claim of inheritence--Question of fraud & undue influence--Suit for declaration, was dismissed--Challenge to--Suit property was obtained through fraudulent means--Trial Court had not framed issues properly--Muslim had unfettered powers to gift away his property to one of his legal heirs to exclusion of others--Validity--Suit property was transferred by his mother to respondent, but asserts that "documents of transfer were false and manipulated without any free will and consent of transferor"--There is no other pleading as regards allegation of fraud against respondent--It is essential that in a case where fraud, undue influence, or coercion is put at forefront, complainant party should set out facts in full and give essential particulars instead of making general allegations--It is also well settled that a Court must scrutinize pleadings to find out that a plea has been made out and that full particulars thereof have been given before examining whether fraud or undue influence was exercised--In case at hand, petitioner's pleadings in his suit regarding falsehood and manipulation of transferred documents are not so appealing and telling, so as to invalidate validity of oral gift of suit property by his mother in favour of respondent, duly recorded in CDA records--Petitioner in his evidence deposed that his mother had been suffering from paralysis and blood pressure--Such an illness cannot form basis of invalidating gift and transfer of suit property to respondent--In order that a declaration of a gift is established, it must be shown that donor, either in presence of witnesses or otherwise, made a public statement that he or she gifted property infavour of donee and that he divested himself of ownership of property by delivering such possession as property is capable of to donee, who accepted it--Petition was dismissed. Civil Procedure Code, 1908 (V of 1908)-- ----S. 115 & O.VI R. 4--Contract Act, (IX of 1872), S. 10--Qanun-e-Shahadat Order, (10 of 1984), Art.…

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