Law:

Section:

(a) Land Reforms Regulation, 1972 [M.L.R. 64]--- ----Paras. 25 & 27---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted by the Supreme Court to consider as to whether the gift in question had attended to the provision of Land Reforms Regulation, 1972 [M.L.R. 64] and that the Courts below had correctly appreciated the evidence on record. (b) Islamic Law--- ----Gift---Necessary ingredients of a valid gift are, offer by the donor, acceptance by the donee and delivery of possession. (c) Islamic Law--- ----Gift---Furnishing of reasons and justifications of making gift by the donor---Necessity---Courts not divested of powers to scrutinize the reasons and justification for a gift so that no injustice was done to the rightful owners and no course of inheritance was bypassed. Though it is not necessary for a donor to furnish the reasons for making a gift yet no gift in the ordinary course of human conduct is made without reason or justification unless the donor is divested of all the power of reasoning and logic and unless he is a person of unsound mind. In the wake of frivolous gifts generally made to deprive females in the family from the course of inheritance prevalent at present times, the Courts are not divested of the powers to scrutinize the reasons and justification for a gift so that no injustice is done to the rightful owners and no course of inheritance is by­passed. (d) Islamic Law--- ----Gift---Validity---No reason had been furnished by the donor for the gift made to the grandson---Love and affection of the grandson seemed to be unreasonable in the presence of one and the only son of the donor---Son of the donor had two daughters as well and there was apprehension to the donor that in case of death of his son property would also be inherited by his daughters which was a negative reason for making said gift by the donor--­Grant of gift, in circumstances, seemed to be mala fide. (e) Islamic Law--- ----Gift---Validity---Grandfather stated to have gifted away the entire property in favour of his grandson, although admittedly he was not in possession of the entire property because half of the property was provenly and admittedly…

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