Law:

Section:

(a) Gift--- ----Proof---Purported gift mutation to deny siblings of inheritance---Subject land was not directly gifted to the petitioner by his deceased father, but was stated to have been gifted to him by a person, who was stated to be the fathers attorney---Burden to establish that the father had executed the said power of attorney lay upon the petitioner and all the more so as it was on its basis that the gift was made in favour of the petitioner---However, the original of the said power of attorney was not produced nor permission to produce secondary evidence was obtained---Repository of the record, i.e., the District Registrars Office denied execution of such power of attorney and it did not exist in their record---During recording of evidence it was also noted that at the relevant time the father was a very old man also gave no reason as to why his father, would execute a power of attorney, nor why he would not appoint anyone from amongst his two sons and three daughters---Moreover, if the father was able to have gone to the District Registrars office to execute the said power of attorney, he could easily have also gone to the Revenue Office to directly gift his land to the petitioner deprived his siblings of their inheritance and managed to do so for about twenty two years compelling an heir to file a suit to claim what was legally theirs---Trial Court had rightly decreed the suit filed by petitioners brother---Petition for leave to appeal was dismissed with costs throughout. (b) Islamic law--- ----Inheritance---Principles---When a Muslim died, his legal heirs became owners of his estate at the very moment of his death to the extent of their shares as determined by shariah. ORDER Qazi Faez Isa, J. Learned counsel states that a suit was filed by the petitioners brother, Muhammad Raffique (respondent No. 1) challenging the gift mutation No. 1571 which was attested on 27 November 1997, whereby their father Khushi Muhammad gifted 49 kanals and 13 marlas to the petitioner. In addition to the petitioner and respondent No. 1, the other legal heirs of Khushi Muhammad were their three sisters (respondent Nos. 2, 3 and 4). The suit was decreed. The learned counsel…

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