Law:

Section:

(a) Islamic Law-------Succession---Gift---Making nomination in respect of property--­Validity---Nomination, unless amounted to a valid gift inter vivos, cannot pass title in property to nominee nor can give right to nominator to change Law of Succession, which would be applicable in case of his death---Nomination cannot operate as a valid gift under Islamic Law as gift, in order to confer title on donee, must be accompanied by delivery of possession of the property gifted--- Nomination does not stop succession of estate of deceased to his legal heirs as per succession law applicable to him. Mst. Amtul Habib v. Mst. Musarrat Parveen PLD 1974 SC 185 ref. (b) Limitation Act (IX of 1908)--- ----Arts. 120 & 142---Specific Relief Act (I of 1877), S.42---Suit for declaration and possession---Limitation---Plaintiff in order to get relief of possession had to secure relief of declaration of ownership---Such suit would be governed by Art. 120 of Limitation Act, which applied to declaration of ownership---Main relief in suit was not for possession, thus, Art. 142 of Limitation Act, 1908 providing twelve years time for filing suit, would not be applicable to such case. Dehli Cloth and General Mills Company Ltd. v. Federation of Pakistan PLD 1964 Lah. 444; Chandi Prasad v. Awadh Narain Jal AIR 1952 Pat. 143; Pun Aung v. Briajlal AIR 1923 Rang. 11; Randutt Ramkissen Dass v. E.D. Sassoon & Company AIR 1929 PC 103 ref. Muhammad Akbar Shah v. Muhammad Yousuf Shah PLD 1964 SC 329 fol. (c) Specific Relief Act (I of 1877)--- ----S. 42---Limitation Act (IX of 1908), Arts. 120 & 142---Civil Procedure Code (V of 1908), O.VII, R.11---Suit for declaration of ownership and possession---Rejection of plaint being time-barred--­Plaintiff claimed transfer of shop in his favour as nominee of his deceased brother, while defendant being daughter of deceased asked for its transfer to her as heir of deceased-- -Housing Society gave award in favour of defendant, over which plaintiff filed such suit---Trial Court on application filed by defendant under O.VII, R.11, C.P.C., rejected plaint being time-barred---Appellate Court set aside such order--Validity--­Main claim of plaintiff was…

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