“2. The principal issue, whether the respondentplaintiff Muhammad Tufail could claim as a
legal heir of Gomaan, is settled by a concurrent
finding of fact given by three learned courts
below. In the light thereof the rule laid down by
this court in “Kulsoom Bibi v. Muhammad Arif”
(2005 SCMR 135) and Ghulam Haider
v.Ghulam Rasool (2003 SCMR 1829) that a
done claiming under a gift that excludes an heir,
is required by law to establish the original
transaction of gift irrespective of whether such
transaction is evidenced by a registered deed. In
the present case there is no evidence of
declaration of gift or of its acceptance on
record. The mere transfer of possession to a
done is not sufficient to constitute a valid gift
under the law. Furthermore, in the judgment of
this court reported as “Barkat Ali v. Muhammad
Ismail” (2002 SCMR 1938) a gift deed as in the present case must justify the disinheritance of
an heir from the gift…”
2018 SCMR 139
Used in:
| 2019 LHC 1562 |
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