Law: West Pakistan Land Revenue Act, (XVII of 1967)

Section: 42,164

West Pakistan Land Revenue Act (XVII of 1967)------Ss. 42 & 164---Gift---Validity of entry of gift in mutation ---Revision--­Donor/father of parties gifted his land to his three sons, excluding respondent the fourth one---Entry of mutation, though was made in mutation register, but could not be sanctioned due to non-payment of District Council fee---Contention was that all legal requirements of gift like offer, acceptance and delivery of possession in the context of gift were complete--­Respondent/left out son of donor had challenged gift in favour of donees alleging that report in Roznamcha Waqiati on basis of which mutation of gift was attested, could not be made basis of forged gift---Authority below was directed that disputed mutation of gift should be decided in open assembly after hearing respondent, but the Authority had not given opportunity of hearing to respondent at the time of attestation of mutation in question--­Validity---Mutation in dispute having been attested after death of donor, Revenue Officer should have made order under S.42(6) of West Pakistan Land Revenue Act, 1967 in presence of person/respondent whose right had been acquired---Since donor was no longer alive when mutation of gift was sanctioned the same was sanctioned in contravention of mandatory provisions of law---Whether donor and donee had accepted offer and delivery of possession took place before demise of donor, were matter which ought to have been taken to and adjudicated upon by Civil Court---Since respondent had right to inherit property left by his father, gift in favour of petitioner/donee was ordered to be struck down. PLD 1966 W.P. (Rev.) 78 and 1984 MLD 272 ref. ORDER It is contended by learned counsel for the petitioners that inheritance opens immediately after the demise of a person. Prior to that the owner is at liberty to alienate/gift his property to anyone. In the present case, two sisters of the father of the petitioners; namely Sama Mai and Gamman Mai, had got their inheritance of 14 Bigas of land. One of the said sisters was issueless. She also gave her share to the son of the other sister namely Muhammad Rafiq. The sister of the said Muhammad Rafiq was…

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