Deathbed Gift

Gift in Islamic Law

Gift—Deathbed gift… proof… donor being a very old age and having unsound mind…… living at mercy of done…. Undue influence of done…. Lack of possession of done… effect… done allegedly gifted disputed property to one of his son/purported done at the exclusion of others.. at the time of making gift done was 92/933 years old, meaning thereby that he was fairly old at the relevant time… witnesses in their evidence stated that the donor did not enjoy sound mental health at the time of making gift and such evidence went unquestioned and thus remained unshaken.. such evidence appeared to by quite credible when considered in light of the age of the donor and other attending circumstances… effect of undue  influence of done could not ruled out when the donor being old, infirm and incapacitated was living at the mercy of the done… Alleged done made contradictory statement regarding delivery of possession of disputed property to him and could not be said to have discharged the burden of proof to prove all the essentials of a gift therefore no valid gift was ever made in his favor—appeal was allowed accordingly. PLD 1975 SC 624, PLD 1964 SC 143, PLD 1977 SC 28

Gift— mental health of donor…. Relevance… evidence regarding mental health of donor could devastate the very basis of a gift

Gift… validity of gift challenged— burden of proof—when a gift was challenged the burden of proof lay on the done to prove that all essential of the gift were fulfilled

(2014 SCMR 1181 SUPREME COURT OF PAKISTAN)

Succession certificate .. Tarka

Tarka meanin g and scope of tarka… tarka had been defined as maal property which not only included property but also right to property… riht to property meant a property which was due to the deceased from anyother person, and which though not received by the deceased during his life time, but the deceased was legally entitled to raise a claim in respect of the same in his lifetime…. Tarka, thus included all moveable and immoveable properties owned and passed by the deceased at the time of his death, as well as those sums which were due to the deceased form any other person. PLD 2014 Sindh 290

GRAND CHILDREN RIGHT OF INHERITANCE

GRAND CHILDREN RIGHT OF INHERITANCE

Right of grand children to inherit their share of their predeceased father from their grandfather. Legality is that although Federal Shariat Court had declared section 4 of Muslim Family Laws Ordinance 1961 to repugnant to Islamic Sharia but such verdict was under challenge before the Supreme Court and thereby the operation of said verdict stood suspended automatically till decision of the appeal as provided by Article 203-D of the Constitution. Grandchildren therefore could inherit the share of their predeceased father from their grandfather. (2013 CLC Peshawar 542)

After granting of Letter of Administration if any legal heirs died

 

After granting of Letter of Administration if any legal heirs died

Letter of administration was allowed and ordered to be issued, after which two legal heirs of the deceased died- effect- of application for impleading heirs of deceased after order of issuance of Letter of Administration was passed- applicant contended that letter of administration could not issue without impleading legal heir of the two deceased heirs- validity- contention that since letter of administration had not been issued therefore succession application be treated as pending was incorrect. Order on the succession application was final and conclusive and issuance of letter of administration as merely compliance of said order. No matter. Under the law of succession it was not permissible that a common petition/application be entertained for grant of succession certificate/letter of administration pertaining to assets of more than one deceased person, irrespective of the fact that assets were inherited by them from the same person. Under succession Act 1925 amendment or addition was estate of deceased which could not be mentioned in the original succession petition. In the case of death of any legal heir deceased person /legal heirs could not be made party or substituted in place of actual legal heir, and a fresh application for issuance of succession certificate is required to be filed in respect of deceased of legal heir. Application for impleadment was dismissed in the circumstances. 2013 CLC Sindh 339

GP Fund and Gratuity in Succession Certificate

Succession Act

Section 372 General provident Fund, leave salary, leave encashment and gratuity being in nature of tarka should to the legal heris fo the deceased while group insurance, financial assistance and benevolent fund which did not fall within the ambit of tarka were just grant and grantee was empowered to distribute the same as per rules and regulations of service or any provision of law.

2014 CLC 126 Peshawar