Inheritance --- Limitation --- Female heirs deprived of their share in inheritance --- In such inheritance matters no limitation runs against the ( female ) heir .

 2023 CLC 1171

Inheritance --- Limitation --- Female heirs deprived of their share in inheritance --- In such inheritance matters no limitation runs against the ( female ) heir .

Oral gift --- Proof --- Pre - requisites --- Three prerequisites for a valid ( oral ) gift are an explicit offer of gift important by donor ; acceptance of the gift by the donee ; and voluntary delivery of possession to the donee under the very oral gift transaction --- Said ingredients are mandatory in nature and absence of proof of any ingredient renders the very gift transaction as invalid .

Oral gift --- Proof --- Attesting witnesses , non production of --- Effect --- Neither the attesting witnesses of the oral gift mutation in question nor the Revenue Officers ( Patwari and Tehsildar ) who entered / sanctioned the said gift mutation were produced in evidence to prove the alleged oral gift mutation --- Under Arts . 17 & 79 of the Qanun - e - Shahadat Order 1984 , it is mandatory for the beneficiary respondents to produce the requisite number of the witnesses of the very oral gift transaction as well as gift mutation but the respondents had failed to produce the witnesses of the oral gift mutation --- Non - production of the required witnesses was blatant non compliance of the mandatory provisions of law which was considered fatal for the case of the respondents --- Furthermore failure to produce the witnesses of oral gift mutation i.e. Patwari and Tehsildar who entered and sanctioned the impugned oral gift mutation without any convincing reason amounted to withholding of material evidence and it would be legally presumed that had the said witnesses been produced in evidence , they would have deposed against the respondents , as such presumption under Art . 129 ( g ) of Qanun - e - Shahadat , 1984 clearly Operated against them --- Revision petition was allowed and suit for declaration filed by the petitioner - lady was decreed .

Oral gift - Proof --- Disentitling a daughter from her share in inheritance through a fraudulent oral gift --- When the petitioner lady had categorically stated that fraud has been committed with her to deny . her inheritance share in her father's estate , onus was shifted upon the beneficiaries / respondents / defendants to prove validity of oral gift as well as the gift mutation by describing meticulously details of day , date , time , venue , presence of witnesses as well as making of gift , offer and acceptance and delivery of possession in the pleadings ( written statement ) whereafter such asserted fact should have been necessarily proved through corroborative , affirmative and trustworthy evidence --- Perusal of the written statement showed that the respondents / defendants neither furnished the requisite details in their defence regarding date , time , place of gift nor proved the making of any offer of gift and acceptance of the same by them or on their behalf , as such they had failed to prove the oral gift transaction of the suit land as well as the valid incorporation of the impugned oral gift mutation in the revenue record --- Such material flaw dismantled the very foundation of the stance of the respondents / defendants --- Respondents / defendants tried to deprive the petitioner from her legal share in the estate of her deceased father by committing fraud and got entered the alleged gift mutation in their favour --- Revision petition was allowed and suit for declaration filed by the petitioner-lady was decreed .