Law: Qanoon-e-Shahadat Order, 1984

Section: 79

REMARKS

The dispute revolves around a property transfer via a registered deed (No. 1916 dated October 30, 1963) in favor of Mst. Asif Ara Begum as dower. The respondents sought a declaration of invalidity regarding this deed and claimed entitlement to the property as inheritance from their father. The court ruled that the revision petition was not time- barred, as the decree sheet was prepared on February 27, 2023, and the revision petition was filed on March 15, 2023, within the 90-day limit. The court examined the deed`s validity and held that it was fully established and proved. The deed`s execution by three brothers (Atta Muhammad, Deen Muhammad, and Sultan Muhammad) was upheld, and it was ruled that the entire suit property was transferred to Mst. Asif Ara without exclusion. The provisos to Article 79 of the Qanoon-e-Shahadat Order, 1984, do not require to call attesting witnesses for a registered document unless its execution is specifically denied by the executants. The executants of the deed did not question the deed`s execution during their lifetime, making it unnecessary to produce attesting witnesses. The respondent`s challenge to the deed was barred by limitation, as their father, Atta Muhammad, did not challenge the deed during his lifetime.

Summary of Judgment: Inheritance Dispute

Key Facts:

The case revolves around a registered dower deed (Deed No. 1916 dated 30.10.1963) by three sons (Atta, Deen, Sultan) of Mst. Almas Begum in favor of their sister-in-law Mst. Asif Ara.