Law:

Section:

(a) Transfer of Property Act (IV of 1882)--------Ss. 122 & 123---Gift---Validity---Land had come to the shares 'of three brothers in equal shares by way of family partition---One of co-sharers had gifted away his share of land to his sons through gift deed and did all to divest himself of ownership of his share of property and got a mutation sanctioned in the name of donees and also placed them in a position to get possession of gifted land ---Donees who had stepped into shoes of donor, had become co-sharers with other co-sharers of land as possession of one co-sharer would be deemed to be possession of other co-sharers---Donees, in law thus, were in symbolic possession of land gifted to them, though actual possession of some of gifted land had not been delivered to them---If donor could not deliver actual physical possession of some of gifted land to donees, gift deed could not have been held invalid. Saida v. Pinnu and another PLD 1979 SC (AJ&K) 245 and Muhammad Bashir and others v. Muhammad Yaqub and others 1993 CLC 1084 ref. (b) Transfer of Property Act (IV of 1882)--- -----(. 122---Gift---Validity---Where land was jointly owned and one co-sharer alienated some land from jointly owned land, it could not be said that except donor and his heirs no other person could challenge validity of gift deed on basis of non-delivery of possession of gifted land to donees---Any co-sharer who was owner in possession- of land was competent to challenge validity of gift deed on ground that donor was not competent to alienate land. JUDGMENT MUHAMMAD YUNUS SURAKHVI, J.--- This appeal by way of leave of the Court, is directed against the judgment and decree passed by the High Court on 11-10-1997, whereby the appeal filed by the appellants, herein, was dismissed. 2. The necessary facts, giving rise to the present appeal, are that Muhammad Khan, the predecessor-in-interest of appellants, filed a declaratory suit in the Court of Sub-Judge, Hattian on 22-9-1986, to the effect that land measuring 59 Kanals, 17 Marlas, comprising various survey numbers, situate in village Garthama, Tehsil Hattian, District Muzaffarabad, was in the joint ownership of Muhammad Khan, Abdul…

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