Genuineness of gift

2012 CLC 1333 PESHAWAR-HIGH-COURT Judicial Precedent

S. 42Suit for declarationGenuineness of giftIngredients

Plaintiff had sought declaration to the effect that he was the owner of the suit land on the basis of a gift deed executed in his favour and that the possession had also been delivered to him at that time

Validity

Plaintiff alleged himself to be the owner of the suit land on the basis of gift made in his favour but did not refer to any details as to when and where said gift was made

Evidence on record was deficient in proving said gift to be true and genuine and evidence of the scribe of the alleged gift deed was not sufficient enough to discharge the burden on the plaintiff of proving the genuineness of the gift

Oral gift made by a Muslim was valid, but when a deed in regard to such a gift was executed, then the same required compulsory registration

Mere proof of execution of deed, in circumstances, would not be sufficient to discharge said burden unless transaction embodied in the deed was proved through cogent and trustworthy evidence

Basic ingredients of a genuine gift such as offer, acceptance and delivery of possession of the property under gift were required to be proved by the donee

Said gift deed was not referred to in a previous suit for declaration instituted by the father of the plaintiff and had strangely been referred for the first time on the filing of the present suit

Gift deed in question would not be sufficient to be relied upon by ignoring the real heirs of the suit land

Revision was dismissed.