Law: Specific Relief Act, 1877

Section: 42

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

Section: 59,17,79

(a) Specific Relief Act (I of 1877)--- ----S. 42---Unregistered gift deed---Proof--- Plaintiff/respondent instituted suit for declaration to claim his exclusive ownership of a house asserting that the house had orally been gifted out to him by his deceased father through unregistered memo. of gift---Defendants/ petitioners contested the suit with the stance that neither any offer of gift was made nor there was any scope of acceptance---Trial Court dismissed the suit of plaintiff/respondent---Appeal filed by respondent was allowed---Held, that stamp paper, memo of unregistered gift deed, was not issued for writing of gift deed, rather it was obtained for the execution of iqrarnama, which caused doubt about its honest construction---Memo. of gift was purportedly scribed on 02.10.2001, whereas father/alleged donor survived till 10.03.2004,but during said span neither memo. of gift was brought to light nor the suit was filed---Nothing was on record that either the disputed house was under some clog or controlled by an injunction, thus there was no hurdle to transfer the same through registered gift deed, so as to vest its ownership---Unregistered document like memo of gift, in present case, did not confer title qua immovable property---Muslim was free to make oral gift with regard to his immovable property, but in case of denial/dispute, it became sine qua non for the beneficiary to independently prove the ingredients of gift which were offer, acceptance, and delivery of possession---Except respondent / plaintiff, no one uttered a single word that either offer of gift was made by the alleged donor or accepted at the end of donee in his presence---In absence thereof the basic oral transaction was not proved as well---When through a gift, deprivation of some or either of legal heir was involved, a heavy onus otherwise to prove original transaction as well as reasons for doing so strongly rested upon its beneficiary---Respondent had asserted that their late father used to live with him and also performed Hajj at respondents expenses, thus being pleased with such services made gift of the house---To prove such fact neither corroborating evidence was examined nor…

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