In “Fayyaz Hussain and others v. Haji Jan
Muhammad and others” (PLD 2018 SC 698) it was
observed by the honourable Supreme Court that even in
the cases of death of the executant prior to the suit and in
the face of the denial of the execution by the plaintiff, the
requirement of two attesting witnesses could not be
dispensed with, and that the alleged beneficiary is legally required to prove three ingredients of gift:
(i) offer by
donor,
(ii) acceptance of gift by the donee and
(iii)
delivery of possession; and all these ingredients need to be
proved and established through independent evidence.
Used in Judgement of
Lahore High court
Civil Revision
130272/18
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