Failed to prove execution of valid gift in favour of their predecessor-in-interest by predecessor-in-interest of the respondents.

14. Another important facet of the instant case is that there is nothing on record that at the time of gift predecessor-in-interest of the respondents being female had the facility of independent advice from a male member, especially when she was only twelve years of age. The Apex Court of the Country in the cases reported as Syed Sharif ul Hassan through L.Rs v. Hafiz Muhammad Amin and others (2012 SCMR 1258), Muhammad v. Mst. Rehmon through Mst. Sharifan Bibi (1998 SCMR 1354) and Ghulam Ali and 2 others v. Mst. Ghulam Sarwar Naqvi (PLD 1990 SC 1) has laid down certain criteria to adjudge the veracity of transaction entered on behalf of a female and if the present case is adjudged on the basis of parameters laid down in the afore-referred judgments, the findings of the Courts below seems to be unexceptionable especially when the petitioners failed to prove execution of valid gift in favour of their predecessor-in-interest by predecessor-in-interest of the respondents. 

 Part of Judgment 

 IN THE LAHORE HIGH COURT BAHAWALPUR BENCH, BAHAWALPUR

Civil Rev. Against Decree

337-09

2017 LHC 4412