Gift depriving other legal heirs is invalid

Gift depriving other legal heirs is invalid
Islamic Law… Inheritance… gift(Hiba-bil-Iwaz)—disinheritance of legal heir due to disobedience—scope—plaintiff was deprived of his legal share from the inheritance due to disobedience and gift mutation was made in favour of defendants—suit filed by the plaintiff against the said mutation of gift was decreed concurrently— validity— plaintiff was deprived from the inheritance of his father due to disobedience to hold the impugned gift as valid has no sanctity nor on this sole object lawful heirs could be deprived from inheritance—Muslim owner could validly transfer his property only through the mode recognized by Islam and not otherwise— Muslim could gift away his property to anyone but in case transfer was made with intent to deprive the heirs of their of inheritance on the ground not recognized by law then same would be void— Impugned gift was made by the father in his life time in favour of defendants. i.e. daughter to deprive the son from inheritance on negative reason which was forbidden under the law— Object of donor in the present case was to deprive the plaintiff of his legal share in his property— findings recorded by the courts below with regard to plea of “aaQ” ( EXCLUSION FROM INHERTANCE) taken by the defendants were based on proper declaration that impugned mutation was invalid on that ground—impugned gift was Hibba-bil_Awez fro an amount of Rs.200,000 and plaintiff would be liable to return the said amount to the defendants—no other illegality or irregularity had been pointed out in the impugned judgment and decree passed by the court below… Revision was dismissed in circumstance.
2018 CLC 1535 Balochistan
2005 SCMR 135
PLD 2006 SC 15
2002 SCMR1938

Pleader is entitled to appear for another and not for himself

Counsel and Client

Advocate and Pleader— Scope— Pleader is entitled to appear for another and not for himself—- If one wants to represent his/her client as advocate then he (advocate) is not legally entitled to examine himself in place of his party (client) as for such purpose he has to unclothe his status as advocate and has to clothe with attorney/authorized agent.

2017 CLC 1736

Negligence of counsel did not constitute sufficient cause

Negligence of counsel did not constitute sufficient cause 

Parties are bound by the acts and omissions of their counsel

in ase of any negligence on party of the counsel, parties could not claim that they were not to be held responsible.

Negligence on the party of advocate, has a binding effect on his client— any negligence on the party of the advocate, was binding upon party which had engaged the advocate— if pary would engage a counsel who was lacking sense of responsibility to the court, it was the party who should suffer and not the other side.

PLJ 2015 Islamabad 74

2013 YLR 375

2013 CLC 254

PLD 2006 Karachi 252

1974 SCMR 223

Revocation of Attorney through Registered Deed

Section 201 Contract Act

Attorney—- Termination of athority—- procedure—- Termination of authority of agent takes effect when it becomes known to him, or so far as regards third preson, when it become known to them—- No provision exists which requires revocation of authority only through registered deed.

2016 YLR Note 175 (Lahore)