Gift generally made to deprive females in the family from the course of inheritance prevalent at present times.
2018 SCMR 2080
Gift of property
purportedly made by mother to her sons to the exclusion of daughters—Proof and
burden of proof—Document whereon the statement of the mother/purported donor
was allegedly recorded and on which she was stated to have affixed her thumb
impression was not produced; and instead a simple photo copy of such document
was produce, which neither constituted primary nor secondary evidence—burden of
proof to established the gift laid on the sons/appellants but they failed to
discharge such burden—appellants had alleged that the gift was made in the
presence of a person “G” but he did not testify—both side maintained that the
purported donor was an old, illiterate, parda observing lady—paper on which her
purported statement was recorded bore a thumb impression—appellants had to
establish that the purported donor had impressed her thumb impression on it but
they made no effort to prove it, which they could have done by having it
forensically examined and having it compared with some document on which she
had admittedly impressed her thumb, such as her identity card and or her
passport—person who recorded the alleged statement of purported donor, did not
make any efforts to verify her identity though any means, let alone her
national identify card/passport—said person also did not take simple
precaution, such as enquiring from the purported donor about her family members
and the reason why he children were not present—since an elderly parda
observing illiterate lady intended to divest he rentire property in favour of
only two of her children, every precatution should have been taken to ensure
that the parda clad person who was produced before the revenue officer was
actually the purported donor……
appeal was dismissed with the observation that the courts
exercised extreme caution when faced with gifts which deprived female members
of a family.
No comments:
Post a Comment
dont use bad word