Sections 8 and 42 of the Transfer of Property Act (IV of 1882), section 122 suit for declaration, and the Gift of Deeds Validity Plaintiff filed a lawsuit for the declaration that they owned the relevant part of the foreclosure property in the interest of the parties. And the operation of this gift was allegedly assassinated by the parties in their 'Mirage al-Mutin' in the interest of the parties, it was a false, illegal and fraudulent defense claimant who claimed that the parties were joint. The ancestors left their eight sons, two daughters, and a widow and her predecessor gifted her two sons and a daughter with interest. He was gifted through the process, which was formally registered by the donor's two other sons and stated that the gift was not donated by the donor. The Almatte / Medical Officer reported that the donor / common ancestor of the parties, although suffering from cancer, had a fatal brain tumor and secondary cause of his death. Had a heart attack before the doctor died it did not affect whether the deceased donor was in a position to understand the nature of the transaction or was completely incompetent. The question is whether the donor was suffering from an illness that was the immediate cause of his death. The timing of the gift was a mixed question of fact and law, and the best evidence in this regard was the evidence of the doctor who treated the donor and the sub-registrar who confirmed the gift dead sub-registrar as witnesses through the defendants. Was not submitted. Non-payment of sub-registrar in court was a serious threat to the plaintiff's case, in the present case the donor was suffering from cancer, the disease being the immediate cause of his death.
Related judgments — Peshawar High Court NWFP, 2009
