Transaction of gift irrespective

In a similar case “Fareed and others v. Muhammad Tufail and another” (2018 SCMR 139) honourable Supreme Court while dealing with the plea as taken by the petitioner observed as under: -

“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…”

Used in Judgement of
Lahore High court
Civil Revision
130272/18