Law:

Section:

(a) Islamic Law-------Inheritance---Gift---Contest between brother and sister---Brother claiming entire property to the exclusion of his sister on the basis of gift made by his mother---Proof---Mother ordinarily is much more concerned about welfare of her daughter and is not expected to deprive her daughter of her share in inheritance without exceptionally strong reasons--­Exceptionally strong reason must exist to satisfy judicial conscience that daughter had rightly been disinherited by mother. (b) Specific Relief Act (I of 1877)--- ----Ss. 39 & 42---Limitation Act (IX of 1908), Art.144---Suit for declaration and cancellation of gift deed made by donor (mother) in favour of defendant (her son) excluding plaintiff (her daughter)---Suit was dismissed by Trial Court, but decreed by the Appellate Court--­Validity---Donor was an old, ailing and illiterate lady, who died after few months of alleged gift---Not proved on record that contents of gift deed were read out to donor and she after hearing and understanding its contents had admitted correctness thereof---Original gift deed placed on record during pendency of revision petition before High Court contained thumb-impressions of donor at four places and each thumb-impression appeared to be different to naked eye---Perhaps for such reason only attested photo copy of gift deed had been exhibited in evidence in which thumb-impressions were not clear for purpose of comparison---Such exhibit was a suspect document and Appellate Court had rightly not relied upon the same and had rightly reversed findings of Trial Court--­Donor (mother) had no knowledge about real nature of document got prepared by defendant, rather she was duped and her thumb-impression had been obtained through misrepresentation---Donor had never consciously made the gift of property in. favour of defendant--­Mere signatures or thumb-impressions on a deed were not sufficient to prove execution thereof in each and every case without regard to its peculiar facts and circumstances---Plaintiff had bona fidely believed that she was a co-sharer in inheritance left by her mother and waited for about eleven years in the hope that she would be given her…

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