Law:

Section:

(a) Transfer of Property Act (IV of 1882)---Ss. 123 & 129---Registration Act (XVI of 1908), S. 177--Constitution of Pakistan (1973), Art.185(3)---Oral gift or gift through un-registered deed---Provision of S.123 of Transfer of Property Act, 1882---Applicability---Supreme Court granted leave to appeal to consider question as to whether S.123 of Transfer of Property Act, 1882 would apply to such gift satisfying all its essential ingredients. Mst. Umar Bibi and 3 others v. Bashir Ahmad and 3 others 1977 SCMR 154 and Maulvi Abdullah and others v. Abdul Aziz and others 1987 SCMR 1403 ref. (b) Transfer of Property Act (IV of 1882)--- ----Ss. 123 & 129---Registration Act (XVI of 1908), S. 17---Gift deed, non-registration of---Validity---Gift deed was compulsory registerable under S.17 of Registration Act, 1908---Without getting gift deed registered, it would not confer title of property upon donee. JUDGMENT JAVED IQBAL, ACTG. C.J.---This appeal with leave of the Court is directed against judgment dated 27-3-2003 whereby the revision petition preferred on behalf of appellant has been dismissed. 2. The leave granting order dated 30-11-2006 is reproduced herein below to appreciate the legal and factual aspects of the controversy:-- "The learned counsel argued that in view of provisions of section 129 of the Transfer of Property Act, 1882, it was permissible under Muslim Law to make an oral gift or even through an unregistered document where essential ingredients of gift were otherwise satisfied and that section 123 of the Act had no application in such cases. Reliance was placed on the case of Mst. Umar Bibi and 3 others v. Bashir Ahmad and 3 others 1977 SCMR 154 and Maulvi Abdullah and others v. Abdul Aziz and others 1987 SCMR 1403. 2. Leave to appeal is granted to consider the above submissions of the learned counsel. Since short points are involved, the office is directed to fix the appeal for final hearing on the present record within a period of six months." 3. Mr. Allah Wasaya Malik, learned Advocate Supreme Court entered appearance on behalf of appellant and contended strenuously that the gift deed (Exh.P/2) was not compulsorily registerable under section…

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