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 t...