Gift deed, authenticity of ---Prerequisites for valid gift i.e. “offer” “acceptance” and “delivery of possession” not proved-----

3. Although both the learned Courts below after examining record of case decided factual position holding that the petitioners failed to prove the factum of gift as required by law through their elaborated judgments, however, the petitioners’ counsel, when confronted with the law laid down by Hon’ble Supreme Court in a case reported as Mst. Saadia v. Mst. Gul Bibi (2016 SCMR 662) wherein beneficiary of gift has been desired to prove its basic/essential ingredients offer, acceptance and handing over possession by leading direct confidence inspiring evidence he tried to wriggle out of the situation but failed. It is expedient to reproduce the relevant Para of this judgment for ready reference:-

“----Gift deed, authenticity of ---Prerequisites for valid gift i.e. “offer” “acceptance” and “delivery of possession” not proved---Nonexamination of attesting witnesses of gift deeds---Interested witnesses presented to prove execution of purported gift deeds--- Non-production of original gift deeds along with the plaint---Evidence of Hand Writing Expert not helpful in circumstances where Photostat copies of purported gift deeds were used for comparing signatures--- Possibility of manipulation/substitution/subsequent addition of attesting witnesses could not be ruled out---Gift deeds could not be termed as valid in such circumstances”

 Part of Judgment 

IN THE LAHORE HIGH COURT, LAHORE. JUDICIAL DEPARTMENT.

Civil Revision
776-10

2017 LHC 4816