Case Details

Citation(s)
2023 SLG 876 2023 SLD 876 2023 MLD 346
Gilgit Baltistan Chief Court
Civil Revision No. 148 along with Civil Misc. No. 843 of 2021, decision Dated: 30th June, 2022. heard on: : 16th June, 2022.
ALI BAIG, CJ

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ABDUL HASSAN and another

VS

MUHAMMAD ABBAS

Law: Specific Relief Act, 1877

Section: 42

(a) Specific Relief Act (I of 1877)--- ----S. 42--- Suit for declaration--- Gift deed---Non-production of marginal witnesses---Inheritance, entitlement to---Scope---Plaintiffs filed a suit for enforcing right of inheritance in their maternal grandfather’s legacy---Defendant claimed that the mother of plaintiffs had passed away during the lifetime of her father and that the property had been gifted to him through a gift deed---Validity---Gift deed was neither registered nor marginal witnesses were produced in the trial court---Defendant had not produced any oral or documentary evidence regarding necessary ingredients/conditions of a gift i.e. offer, acceptance and delivery of possession---Children of predeceased…
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