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)