Law:

Section:

Muhammadan Law-- ---- Transaction of oral gift in favour of sons---Housing Society wherein property in question was situate refused to record mutation on the ground that gift-deed being an unregistered document, same could not be recorded---Validity---Any person pursuing Muslim faith in accordance with Personal Law to which he was subject, could dispose of whole or any part of his property by way of gift in his lifetime; for such purpose, formality of registration under Registration Act, 1908, was not prerequisite---Provision of S.129, Transfer of Property Act, 1882, has expressly exempted rules of Muslim Law from operation of specific chapter thereof, which deals with subject of gifts---Such exclusion extended in turn, to 5.123 in that Chapter of Transfer of Property Act, 1882 which required registration and attestation by at least two witnesses compulsory to all transfers through gifts of immovable property---Nothing in Registration Act, 1908, had deviated from such specific exclusion---Prerequisites of valid gift under Personal Law i.e. declaration by donor; acceptance of gift by donee; and delivery of possession of corpus must, however, be satisfied ---Neither any local Authority, nor Government itself could disregard such transaction of gift which had satisfied requirements of Muslim Personal Law---Rights of Muslims to be governed by their Personal Law have further been strengthened by insertion of Art.2A in the Constitution---Housing Society is refusal to mutate names of donees in record was declared to be illegal and it was directed to do the needful---Transfer of Property Act (IV of 1882), Ss.123 & 129--Registration Act (XVI of 1908), Ss. 17 & 49---Constitution of Pakistan (1973), Arts.2A & 199. Abdul Ghaffar v. Ghulam Jan PLD 1975 Pesh. 12; Umar Bibi v. Bashir Ahmad 1977 SCMR 154 and Saffer Ahmad v. Abdul Rasheed 1992 CLC 1896 rel. I.-G. of Regis and Stamps v. T. Begum, AIR 1962 AP 199; Ismail v. Commissioner of Karachi, 1968 SCMR 509 and Subramaniam v. Lutchman AIR 1923 PC 50 ref. THIS JUDGMENT DELIVERED BY: WAJIHUDDIN AHMED, JUSTICE;---.---- This petition is directed against the Pakistan Employees Cooperative Housing Society Limited…

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