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

Section: 17,79,81,81,91,92

Law: Civil Procedure Code (V of 1908)

Section: 115

(a)    Qanun-e-Shahadat (10 of 1984)-------Arts. 17, 79, 81, 82, 91 & 92---Registered gift deed, challenge to---Proof--Essential ingredients of a valid gift---Requirement of producing two attesting witnesses in evidence---Principle---Exceptions---Scope---Where execution is admitted by executor or where an attesting witness is reluctant to cooperate with the beneficiary---Not producing two attesting witnesses said to be not fatal--Predecessor-in-interest of the parties passed away in 2007---In 2012, one of the legal heirs claimed that their father had gifted him the suit property through a registered gift deed made in 2004---Authenticity of the gift was doubted by other legal heirs and it was alleged that the gift deed was fabricated without the knowledge of the deceased father or other heirs---The core question for consideration before the High Court was as to "whether a registered document produced by official witness required test to proof its execution by way of Art. 79 of Qanun-e-Shahadat, 1984 and what would be the effect of essential ingredients of gift when respondents were in part possession of suit property"---Held: Petitioner (beneficiary) failed to produce any documentary evidence and call marginal witnesses, therefore, he failed to undergo the test of Art. 79 of the Qanun-eShahadat, 1984---Where the execution of the document is denied or disputed, it is the mandatory requirement of law of evidence i.e. Qanun-e-Shahadat, 1984 to prove the execution of such document by way of confirmation of document through at least two witnesses who have put their signatures on the document as per the qualification of Art. 17 of Qanun- e-Shahadat, 1984---No evidence came on record about the issue of possession of the respondent (brother or sister) at the time of execution of gift by father which was essential ingredient of a gift under Muslim personal laws after the other pre- requisites i.e. offer and acceptance---After setting aside the impugned judgment and decree of the appellate court the matter was remanded to the Trial Court to give fresh decision on the point of determination about the "possession" of the petitioner at the time of…