Law: Transfer of Property Act, 1882

Section: 123,129

Law: Registration Act, 1908

Section: 17,49

Transfer of Property Act (IV of 1882)--- ----Ss. 123 129---Registration Act (XVI of 1908), Ss. 17 49---Oral gift---Scope---Unregistered gift deed acknowledging the oral gift---Scope---Valid gift could be effected even orally if the formalities prescribed by Islamic Law were complied with i.e., a declaration of gift by the donor; acceptance of gift expressly or impliedly by or on behalf of the donee, and delivery of possession of the subject matter by the donor to the donee---If said three conditions were complied with the gift was complete---Registration of the document (unregistered gift deed acknowledging the oral gift)would not be helpful if any of the said conditions was not satisfied---Written instrument in any case would not create a gift but was a mere evidence of the gift and as such would not in the case of a Muslim require registration---If there was an acknowledgement of the previous gift, the registration of the said acknowledgement was not necessary but independent ingredients of oral gift were to be established---If there was any acknowledgement in writing of the oral gift, and such acknowledgment was not registered, that made no difference, but if on the basis of any gift deed a gift was claimed, that must be registered in the light of S. 17 of the Registration Act, 1908 and effect of its non-registration would be the same as mentioned in S. 49 of the Registration Act, 1908. Mst. Nagina Begum v. Mst. Tahzim Akhtar and others 2009 SCMR 623 and Mst. Saadia v. Mst. Gul Bibi 2016 SCMR 662 ref. JUDGMENT AMIN-UD-DIN KHAN, J.--- Through this appeal filed under Article 185(2)(d) and (e) of the Constitution of Islamic Republic of Pakistan, 1973 appellant has challenged the order and decree of the learned Lahore High Court, Lahore dated 08.02.2018 whereby Civil Revision No. 3655 of 2016 filed by the respondents was accepted. 2. According to the brief facts plaintiff-appellant on 14.10.2014 filed a suit for declaration with a prayer of specific performance and permanent injunction with regard to the suit property i.e. a single storey house bearing No. BIV-S3-23C, fully described in Para No. 1 of the plaint, on the basis that the father of the parties was…

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