Law: Constitution of Pakistan, 1973

Section: 185(3)

(Constitution of Pakistan (1973)].......Art 185(3)---Islamic Law---Oral gift---Proof---Supreme Court granted leave to appeal to consider question, whether Trial Court and High Court had correctly found that factum of oral gift stood sufficiently proved on record; and whether such gift had not been made by donor while he was suffering froth "marz-ul-maut". (b) Islamic Law----- ----Gift---Oral gift---Execution of acknowledgement of disposition of property by father (donor) in favour of daughter (donee) ---Other heirs while denying factum of gift alleged same to have beets made by donor, while he was apprehending his imminent death being a patient of cancer---Proof---Such acknowledgement was indicative of fact that donor had made oral gift in favour of donee ---Marginal witnesses of such acknowledgement deposed that donor was quite normal and was not patient of cancer---Marginal witnesses stood firm to test of cross ­examination and nothing could be extracted from them- --Representative of Excise Department produced a letter, whereby donor had requested for change of ownership of property---Property tax was being paid by donee after gift---Witness from whom donor sought advice before making gift had supported execution of such acknowledgement---Tenant of property deposed that donor had told him regarding factum of gift, in favour of donee with further instruction that its rent would be received by her in future---Evidence on record showed that donor used to drive his car and also go for walk, which could not have been done in case of serious ailment---No medical evidence was led to show that donor was apprehending imminent death---Held: Factum of gift had been proved and principle of "marz-ul-maut" could not be invoked in circumstances. Kammon v. Allah Bux NLR 1991 SD 366; Shamshad Ali Shah and others v. Syed Hassan Shah and others PLD 1964 SC 143; Mst. Chanan Bibi and 4 others v. Muhammad Shafi and others PLD 1977 SC 28; Ibrahim Ghulam Arif v. Saiboo (34 IA 167); Noor Muhammad Khan v. Habibullah Khan PLD 1994 SC 650; Hamidullah v. Khurshid Ahmed Khan PLD 1958 SC (Pak.) 516; Fazal. Muhammad Bhati v. Saeeda Akthar 1993 SCMR 2018; Jahan Khan v. Feroze PLD 1951…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492