It is a well-settled elucidation of law that the deed of release or relinquishment and the indenture of gift both have distinctive paraphernalia, characteristics, and corollaries and cannot deemed to be interchangeable or substitutable.

C.A.1012/2018
Mst. Farzana Zia & others v. Mst. Saadia Andaleeb & others
2024 SCMR 916  

It is a well-settled elucidation of law that the deed of release or relinquishment and the indenture of gift both have distinctive paraphernalia, characteristics, and corollaries and cannot deemed to be interchangeable or substitutable. The Transfer of Property Act, 1882, has no application to the gift envisioned and encapsulated under the Muslim Law and for this reason, Section 123 and 129 of the Transfer of Property Act can neither surpass nor outweigh or preponderate the matters of gifts contemplated under the Muslim Law. However, the donor should be of sound mind and understand the legal implications of making the gift, free from any coercion, duress, or undue influence. Under the Muslim Law, the constituents of a valid gift are tender, acceptance, and possession of property. A Muslim can devolve his property under Muslim Law by means of inter vivos (gift) or through testamentary dispositions (will). Islamic law does not make any distinction between movable or immovable property regarding the conception of gift, rather any property may be gifted by any person having ownership and dominion over the property intended to be gifted on fulfilling requisite formalities.

To differentiate between a release deed, a gift deed, and a sale deed, the pivotal factor is the actual character of the transaction and the explicit category of the rights created by the instrument. The precept that comes into sight is that by executing a release deed, one of the cosharers/legal heirs separates himself or herself from the joint or inherited property. The repercussions of “spes successionis”, which is a Latin maxim, denotes the rule of succeeding in a person's property after his death which can be resolved and settled down through execution of a fair and equitable family settlement, succession certificate, letter of administration or by accepting consideration in lieu of a share and executing the deed of release/relinquishment to the extent of such share which would in future operate as an estoppel against the expectant heir to lodge any future claim on account of the doctrine of spes successionis.

C.A.1012/2018 Mst. Farzana Zia & others v. Mst. Saadia Andaleeb & others

2024 SCMR 916