47/2013 H.C.A Haroon Zia Malik (Appellant) V/S Mst. Fariha Razzak and others (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Muhammad Faisal Kamal Alam
Order Date: 21-NOV-17
Plaintiff was owner of suit property who voluntarily gifted the same to the donee-wife---Trial Court had correctly appraised the evidence while recording his findings---Impugned gift deed was not a forged and fabricated document but same had been signed by the donor---Suit property had been gifted in favour of defendant who was wife of donor at the relevant time---Ingredients of gift were offer, acceptance and delivery of possession which were present in the case---Possession of suit property was already with the donee which till date continued to be with her---If husband had made a gift of anything to his wife or vice-versa then it could not be retracted---Transaction in question was not a financial one but it was gift of which a reciprocal financial obligation was not a consideration---Provisions of Arts. 17 & 79 of Qanun-e-Shahadat, 1984 were not applicable in the matter of gift---Gift did not require a compulsory registration---Donor did not suffer any mental distress at the hand of donee---Impugned judgment did not suffer from any infirmity or illegality---Appeal was dismissed in circumstances.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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