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

Section: 71

Law: Specific Relief Act, 1877

Section: 42,8,54

(a) Qanun-e-Shahadat (10 of 1984)--- ----Art. 71---Specific Relief Act (I of 1877), Ss. 42, 8 54---Oral Will---Proof---Suit for declaration, correction of mutation entries, partition, possession and permanent injunction---Oral evidence must be direct---Interested witness---Scope---Plaintiff filed a suit for seeking her share in the legacy of her predecessor---Claim of plaintiff was that the names of female legal representatives were not inserted in the revenue record---Defendants contested the suit on the ground that their predecessor had made an oral will regarding property---Trial Court decreed the suit---Validity---Two witnesses were produced to prove oral will of the predecessor---One of the witnesses disclosed that the other witness came and narrated that the predecessor had told him that he had given the share of daughters in the ancestral properties in the form of cash and jewelleries---Statement of said witness was inadmissible under Art. 71 of the Qanun-e-Shahadat, 1984, as the same was hearsay---Cross-examination of the second witness transpired that there was a property dispute between him and the husband of plaintiff; that criminal cases were pending between the son of plaintiff and his brother and that his age was 12/13 years when the predecessor had made an oral will---Said witness was partial towards the plaintiff, therefore, his statement was not admissible for the purpose of proof of oral will---Impugned was well reasoned, therefore, the same did not warrant interference by the High Court---Appeal was dismissed. (b) Transfer of Property Act (IV of 1882)--- ----S. 6---Specific Relief Act (I of 1877), Ss. 42, 8 54---Suit for declaration, correction of mutation entries, partition, possession and permanent injunction---What may be transferred---Scope---Plaintiff filed a suit for seeking her share in the legacy of the predecessor---Claim of plaintiff was that the names of female legal representatives were not inserted in the revenue record---Defendants contested the suit on the ground that the share of female legal representatives was given by the predecessor in the shape of cash and jewelleries---Validity---Defendants could not prove that the…

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