Law:

Section:

Muhammadan law- Gift by father to his children-Delivery of possession necessary save in case of gift made in favour of minors-Gift of undivided agricultural share-intention of donor manifest only by mutation of records ; delivery of possession ; delivery of produce or attornment of tenants. In cases of gifts by father to his children, delivery of possession is as necessary as in any other case. The only exception which the law recognises is to cases of gifts made in favour of minor children. In order to perfect a gift, delivery of possession is necessary and in case of undivided agricultural land the intention of the donor can be manifest only by mutation of record, delivery of possession, delivery of produce or attornment of tenants. Dates of hearing : 4th and 7th November 1974.                                                                                                                             JUDGMENT The facts leading to the present second appeal briefly stated are that Pir Moose Jan Sarhandi owned about 448 acres of agricultural land in Taluka Umar Kot, District Tharparkar. At the time of his death he left a son Pir Muhammad Ishaq, (respondent No. 1), 11 daughters (respondent No. 2 and appellants Nos. 2 to 11) and one widow (appellant No. 1). Pir Moose Jan died on or about 12.9-1962. The two respondents claim to be donees in respect of 136 acres of land by virtue of a gift deed executed by Pir Moose Jan in 1956. After the death of Pir Moose Jan, respondent Pir Muhammad Ishaq started managing the entire property and stated that be along with his sister Mst. Umatul Ahad was a donee of about 136 acres of land. Mst. Taj Bibi (appellant No. 1) who is the step mother of the two respondents obtained copies of the Revenue Records and found that after the death of Pir Moose Jan, the respondents had made an application supported by the alleged gift-deed…