Beneficiary of a gift needs to prove its validity: LHC – Pakistan

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LAHORE: The Lahore High Court has ruled that if the honesty and accuracy of the gift transaction is challenged, the beneficiary is compelled to verify its validity.

The verdict came in a case involving property valued at 23-kanal 14-marla, known as 2-Kashmir Road, Lahore.

Arif Latif filed a declaration of ownership and ownership against Dr. Nighat Waheed and his fellow brothers and his father CM Latif (defendant No.1) alleging that Mr. Latif, the owner of the bungalow, had transferred an 8-kanlas and 12-sq. ft without the said property subject to the oral gift exchange in 1963. The oral gift was then confirmed by title deed of 1966.

The claim was opposed by some of his brothers while they submitted written statements in which CM Latif directly rejected the alleged gift of property in support of the plaintiff. However, Mr Latif died in 2004 during a pendency of suit before the record-level stage.

The court recorded the evidence of the cases and by the judgment against it passed a 2012 ruling in favor of the plaintiff. The court also rejected the appeal of the defendants, who, because of their dissatisfaction, moved the high court.

Acknowledging the defendants’ appeal, Justice Shahid Bilal Hassan, in his judgment, finds that the basics of a valid gift include “donation, acceptance and distribution.”

He notes that a blank reading of the case before the court reveals that there is no explanation for making the same contribution and acceptance by the plaintiff (defendant before the LHC) and the names of the witnesses, in which the transaction took place. , which need to be discussed and confirmed, because the party is unable to lead any evidence beyond its pleas.

Therefore, the judge said, the names of the two witnesses who were reduced during the trial will be considered beyond the complaints. Otherwise, the witnesses were not produced in the witness box and were removed for both of them to expire but no evidence of death certificates has been brought to the record by the defendant.

Justice Hassan notes that the alleged oral gift was approximately 8-canal 12-sq.ft. of the earth but the document mentions only 8-kanals. Moreover, the judge said, having the opposing property also was not the defendant’s.

The judge maintains that when verification and accuracy of the gift transaction is planned, it is necessary and essential for the beneficiary to ensure the same effective implementation.

He said that when the evidence produced by the parties was passed on, it appeared that the defendant had failed to prove the validity of the oral gift and the letter of consent, instead it turned out that the fraud was committed as the defendant failed to deliver. write down any reliable evidence.

Justice Hassan refers to a Supreme Court ruling in which it has been established that in the death of a Muslim his property is handed over to his legal heirs. However, if any heir seeks to exclude other legal heirs, as is done by instantaneous reliance on a gift called an heir, the recipient of the gift must demonstrate that.

Permitting the appeal, the judge set aside the results and the order issued by the court in support of the defendant.

Published Parhlo, May 3, 2022

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