Law:

Section:

(a) Islamic Law--- ----Gift---Gift deed by widowed aunt in favour of her nephews---Denial of execution of gift deed by aunt---Proof---Aunt had a son, while deed found mention that she having no male child was making gift in favour of lawful heirs, so that dispute regarding her inheritance might not arise in case of her death---Land was situated in District "H", while attesting witnesses of deed were residents of District "S "---First attesting witness was reported to have died, while second witness (employee of scribe) did not know aunt earlier except her nephews, on whom asking he had signed the deed---Deceased attesting witness did not belong to village of aunt and her tribe---Deed was not attested by a person from village of aunt---Scribe neither did have licence to scribe documents nor did brought stamp vending register nor did ask for National Identity Card of aunt nor did he mention its number in deed---Scribe had stated that aunt was accompanied with her nephews and brother, but he did not know name of her brother---First nephew stated that his aunt had son aged 50 years, with whom she was residing after death of her husband while according to second nephew, husband of his aunt had contracted second marriage---Both nephew's stated that aunt had made an oral gift, whereas in plaint gift through deed was alleged to have been made---Aunt had come alone to nephews' house and her son was not with her--- Aunt was ill since 2/3 years and could not move at relevant time, thus, her son/attorney had answered all relevant questions in cross-examination---Disputed land was jointly owned by aunt along with father of nephew's, who was in possession thereof as co-sharer---Mere non participation in profits would not constitute ouster of a co-sharer or co-heir---In absence of proof of valid gift in favour of nephews, their aunt would be deemed to be in .joint possession of disputed land---Reasons pleaded for gift by aunt had not been proved, rather stood disproved in statements of witnesses of nephews---Suit filed by aunt was decreed in circumstances. Ata Muhammad v. Maula Bakhsh and others NLR 2000 SCJ 147 (sic); Sughran Bibi v. Mst. Aziz Begum and 4 others 1996 SCMR…

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