A gift mutation made in favor of sons by depriving daughters of their Shariah rights is voidable.


A gift mutation made in favor of sons by depriving daughters of their Shariah rights is voidable.

2016 SCMR 986 SC

ISLAM-UD-DIN Vs Mst. NOOR JAHAN

The Supreme Court of Pakistan in 2016 SCMR 986 dealt with the issue of daughters being deprived of their share of inheritance in agricultural land and properties due to alleged gift documents and mutation entries in the name of sons only. The court found that the alleged gifts and mutations did not meet the legal requirements as per the Qanun-e-Shahadat, 1984, specifically Article 79, and thus disregarded these documents, granting the daughters their rightful share of inheritance.

Key Legal Issues:

•Inheritance rights of daughters

•Validity of gift documents and mutations

•Requirement of attesting witnesses as per Article 79 of the Qanun-e-Shahadat, 1984

•High Court revisional jurisdiction under S. 115 of the Civil Procedure Code

Holding

The court dismissed the appeals, upholding the High Court's decision to disregard the mutations and the purported gift document as they did not comply with the requirement of two attesting witnesses as per Article 79 of the Qanun-e-Shahadat, 1984. The daughters were granted their rightful inheritance. However, the ownership rights of appellants Ahmed Saeed and Muhammad Rasheed were protected for the land they purchased in good faith.


Reasoning:

•Mutations and gift documents lacked the required attesting witnesses.

•The document failed to establish the necessary ingredients of a gift.

•High Court's correct exercise of revisional jurisdiction under S. 115 of the Civil Procedure Code.

•Purchasers Ahmed Saeed and Muhammad Rasheed acted in good faith and were protected under section 41 of the Transfer of Property Act, 1882.


**Appeal dismissed**


RAJA ZAHOOR LAW CHAMBER

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