| Citation(s) |
|---|
| 2009 SLG 262 2009 SLD 262 2009 SCMR 623 |
Supreme Court of Pakistan
Civil Appeal No.1208 of 2007, decision dated: 22-01-2009. (On appeal from the judgment, dated 13-3-2007 of the Peshawar High Court, Peshawar, passed in R.F.A. No.48 of 2005)
NASIR-UL-MULK AND MIAN HAMID FAROOQ, JJ
Shakeel Ahmed, Advocate Supreme Court and Mir Adnan Khan, Advocate-on-Record for Appellants. Ms. Nahida Mehboob Elahi, Advocate Supreme Court for
Respondents Nos. 1 to 6
Civil Appeal No.1208 of 2007, decision dated: 22-01-2009. (On appeal from the judgment, dated 13-3-2007 of the Peshawar High Court, Peshawar, passed in R.F.A. No.48 of 2005)
NASIR-UL-MULK AND MIAN HAMID FAROOQ, JJ
Shakeel Ahmed, Advocate Supreme Court and Mir Adnan Khan, Advocate-on-Record for Appellants. Ms. Nahida Mehboob Elahi, Advocate Supreme Court for
Respondents Nos. 1 to 6
Mst. NAGINA BEGUM
VS
Mst. TAHZIM AKHTAR and others
Law: Qanun-e-Shahadat (10 of 1984)
Section: 79
Law: Specific Relief Act, 1877
Section: 9
Law: Transfer of Property Act, 1882
Section: 123,129
(a) Qanun-e-Shahadat (10 of 1984)--- ---Art. 79---Proof of execution of document---Scope---If a document is required by law to be attested, it shall not be used as evidence until two attesting witnesses have been called for the purpose of proving its execution, if there be two attesting witnesses alive. (b) Gift--- ----`Declaration of gift' cannot be equated with a `gift deed' which has different dimensions and parameters as compared to the former. (c) Islamic law--- ----Gift---Necessary and inseparable ingredients are declaration/offer by the donor; acceptance of gift by the donee and delivery of possession under the gift. (d) Islamic law--- ----Gift---Proof---Gift by a Muslim would be complete, even if there is no writing and three ingredients i.e. declaration of gift by the donor; acceptance of gift expressly or impliedly by or on behalf of the donee; and delivery of possession of the subject-matter by the donor to the donee, are proved. Maulvi Abdullah v. Abdul Aziz 1987 SCMR 1403 rel. (e) Islamic law--- ----Gift---Validity---Declaration of gift showed that donor out of love and affection, offered his wife and children to gift the property to them, which offer was accepted by them, inasmuch as, the possession was transferred under the gift---Not only that but all the donees also, in token of acceptance of the offer of gift and taking over the possession of the questioned property, affixed their signatures on the declaration of gift---Declaration of gift duly signed by the donees was also witnessed by two witnesses---Held, all the ingredients necessary for completion of a valid gift under Islamic law were fulfilled and it could not be argued that no valid gift was made. (f) Qanun-e-Shahadat (10 of 1984)--- ----Art. 79---Proof of execution of a document---Litigant, in order to prove a document is required to produce two attesting witnesses, if they are alive---If two attesting witnesses are not alive, the execution of document could be proved by producing other admissible evidence. (g) Transfer of Property Act (IV of 1882)--- ----Ss. 123 & 129---Gift by Muslim can be complete even without any writing and such gifts are expressly excluded from the…
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