Doctrine of Hibba Gift
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- Опубліковано 19 вер 2024
- hibba or giftLATEST JUDGMENTS OF SUPREME COURT: GIFT OR HIBBA
2018 PLD 698 SUPREME-COURT
Essential requirement-Proof-Three ingredients of a valid Gift included declaration/offer by the donor; acceptance of Gift by the donee; and, delivery of possession under the Gift -Declaration of Gift and delivery of possession had to be established through independent evidence.
2018 PLD 698 SUPREME-COURT
Art. 79, proviso-Gift deed-Proof of execution of document required by law to be attested-Proviso to the Art.79 of Qanun-e-Shahadat, 1984-Scope-Said proviso relaxed the requirement of calling the two attesting witnesses to prove the execution of the document, if the document was duly registered in accordance with the provisions of Registration Act, 1908 and its execution was not specifically denied-Party was relieved of the duty of calling the two witnesses but not from the duty of proving the execution of the registered document-Effect of the proviso to Art.79 was that the due execution and attestation of the Gift deed would have to be proved, although it may be proved by calling a person other than an attesting witness-Such relaxation was pillared on an important assumption that the execution of the document was not denied-Denail of the execution of the document was not limited to the executant alone but was open to any party to the suit that was affected by the said document.
2018 CLC 1535
Gift -Ingredients-Gift was transfer of property or right by one person to another-Essentials of Gift were declaration by the donor, acceptance of Gift by the donee and delivery of possession of subject matter of Gift to donee.
2018 SCMR 139 SUPREME-COURT
possession -Mere transfer of possession to donee was not sufficient to constitute a valid Gift under the law.
2016 SCMR 910 SUPREME-COURT
Mutation-Proof-Purported Gift deed not in possession of purported donee-Purported donor and donee not appearing before revenue official for recording alleged Gift in register of mutation-Circumstances under which alleged Gift deed was lost and subsequently recovered not explained-Alleged arrangement/understanding between purported donee and other legal heirs whereby subject land was transferred to all legal heirs as an interim measure till the alleged Gift deed was found was not supported either by documentary evidence or revenue record-Legal heirs were not obliged under law to accede to request of purported donee to transfer the entire subject land to him, nor their denial to oblige could be deemed to be a denial/infringement of any legal or contractual right of the purported donee-Plaint was rightly rejected in such circumstances.
Gift was a personal action which could be performed by the owner only---attorney had no right to Gift property to any person on his own behalf ---Transfer of property in question in favour of his father by the attorney through Gift on his own behalf was not permissible under the law..... 2016 PLD 287 LHC
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Very good sir g thanks to make video ....
Assalam o alaikum,
Bahot hi mufeed aor maloomati channel hay aap ka, bilkhasoos aap ka andaz e bayan qabl e tareef hay....
aek point poochna chahta hoon k general power of attorney cousin ne mujh se lee 20 saal pehle, us ne hamare POA k zareeie hamari kuch property apni Mrs. ko Hiba ki. Aesa woh karsakta hay..?
Donee uski Mrs.hay laikin as acceptor signaure kisi aor k hain,uski Mrs. k nhi hain.
Kia yeh hibanama qanoonan saheeh hay, kia main is ko challenge karsakta hoon..?
I shall b thankful to u if u kindly reply me, Sir
Regards
AoA,
We are two brothers and 4 sisters.
My father hibba gifted and registered one shop to my brother in 2010.
He make me and my grand father as witnesses.
My grand father died ID card was expired in 2008 that was used as witnesses registry document. The other withness is me.
Is there any possibility for revocation of this Hibba registry gift.
Kaash aaj se 15 saal pehle aap k lectures sun pati .1 lawyer ne hamain itna ghalat guide kia la ilmi main bohat bara nuksaan ho gya hamara.ab us nuksaan ki koi talafi nahin ho sakti
Hosakti H ap phr try karo
Great
Sir plz explain NAB ordinance 1999 because many of aspirants are going to attempt Assistant Director NAB Paper and this ordinance is part of the syllabus
great job
sir agar koi gawa hiba ka fot ho gaya ho to bas ik gawa say mana jay ga
Sir hiba to legal heirs pe aik video banaen. Thanks
excellent sir
Welcome
My name is hibba
Sir plz explain adjurn sine dia
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Hamre uncle ne hum se pase le kr zameen apne nAme marva leeee ab kaata hiii ap logo ne pase niiii deya zameen mein hum dada ki tRif se shreek b hiiii ye zameen sale ho giii thy pr wapes msl kr meee laken pase dene ke baad pata cahla uncle ne apne name karva leeee gawa b kTa hii pase deye in mere samns pr wo niii mAnte keya solition hi
Agar hibbah land agay kissi or ko baich deya jayee jis ko hibbah keya geya hai tu keya es ko revoke ker sacta hai jis ney hibbah keya tha
Is Ka log galat faida uthare
Mere valid apne chachere bhai ko Jaidat me adha hisa dere
Is se pahele bhi Mere valid k cahchaere bhai ne 3 plot beche hai uski bivi ham pe zaulam kari fir bhi sab jante huve mere valid unko jaidat dere
Meri maa ne saari property meray ek Bhai ko hiba kar di Mera haq Marney k liye ?
Rahim Kazi sem kesh mere sath bhi hua h Sabar karo
Ammi k naam kucha nahi kare bas vo apne chachere bhai ko dere
Na hamre haq ada kare na Bivi k inhe islam sirf apne fide k liye yaad ara
Sir apna nmber dyna
Hibba lane wala hasy farokhat kar sak ta hai