Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Regular Second Appeal No. 45 of 1966, decided on 30th April, 1980.
--- Gift‑Undue influence ‑ Donor 102 years of age having mental capacity affected on account of old age, physically infirm, and living‑with grand daughters (appellants)‑Donor concealing in gift deed fact of having another daughter‑Grand daughters in circumstances being in a position to dominate will of donor, gift deed held, obtained by exerting undue influence on donor and invalid.‑---Contract Act (IX of 1872), S. 16.
‑‑ Gift‑Disposal of property by gift‑rowers of Muslim, in such regard unfettered‑Gift not invalidated only because of depriving heirs of their shares‑Deliberate attempt having been made to show donor having no daughter and such fact having been used as evidence of undue influence, gift held, could be declared invalid on such account.‑Contract Act (IX of 1872), S. 16.
Sardar Ahmad Khan, ere. v. Mst. Zamroot Jan P L D 1950 Pesh. 45 ; Safi Ullah v. Ghulam Jabber P L D 1955 Lah. 191 and Mst. Hamida Begum v. Mst. Murad Begum and others P L D 1975 S C 624 ref:
‑‑ Art. 191‑Limitation‑Suit for cancellation of deed procured under undue influence‑Limitation in such case, held, starts from date when cause of action arises and not from date of knowledge. [Cause of action].
Mst. Hamida Begum v. Mst. Murad Begum and others P L D 1975 S C 624 rel.
Khalilur Rehman Khan for Appellants.
Ch. Mohammad Anwar Butter for Respondent.
Dates of hearing :14th, 20th and 23rd April, 1980.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer