Thursday, November 20, 2014

Gift. Case laws about Gift cancellation

Gift
2012 SCMR 356


Plaintiffs had not denied that one of them, who appeared as plaintiff's witness in the present suit, had also appeared in suit challenging such Gift and had disowned in his statement any relationship

2011 SCMR 803


Gift ---Mutation of Gift alleged by sons to have been made in their favour by mother during her life time---Suit by daughters claiming Islamic share in legacy of their deceased mother---Proof---Sans


2010 SCMR 1370


Gift through mutation---Burden of proof---Onus of proof of transaction embodied in mutation would essentially lay upon its beneficiary to establish that same was result of conscious application of

2010 SCMR 342


Gift , making of---Essential conditions---Valid Gift can be effected orally, if the prerequisites are complied with---Written instrument is not the requirement under the Muslim Law nor is the same

2009 SCMR 1458


Dower---Meaning---Dower is Gift given by bridegroom to bride and the Holy Qur'an is silent on two types of dower i.e. prompt and deferred dower.


2009 SCMR 623


Declaration of Gift ' cannot be equated with a `Gift deed' which has different dimensions and parameters as compared to the former.
Gift by Muslim can be

2008 PLD 73 SC


Gift deed, non-registration of---Validity---Gift deed was compulsory registerable under S.17 of Registration Act, 1908---Without getting Gift deed registered, it would not confer title of property

2008 SCMR 1384


Gift ---Validity---Proof---Gift deed executed by Pardanashin ladies---Points to be considered by the Court enumerated---Transaction lacking any of such points and three ingredients would be invalid

2007 SCMR 236


Gift ---Burden of proof---Heavy onus would lie on beneficiary to prove by convincing evidence satisfying the judicial conscience of the Court that transaction shown to be a Gift was executed by' donor

2005 SCMR 1344


Gift of land out of joint Khata---Delivery of physical possession--Scope---Fraction of a joint Khata would not be capable of actual physical possession

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