Mst. ZOHRAN And Others vs Mst. FAZLAN And Other
This petition for leave to appeal arises from a judgment of the Lahore High Court, which upheld the dismissal of a declaratory suit filed by the petitioners challenging a gift mutation. The petitioners contested the validity of a gift made by their father, Nabi Bakhsh, in favour of the respondents, arguing that it deprived them of their inheritance rights. The core legal question was whether the donor possessed the unfettered right to alienate his property through a gift, thereby excluding his heirs from inheritance. The Supreme Court observed that the gift was validly executed, with the petitioner herself admitting its execution and the subsequent delivery of possession to the respondents. The Court held that the petition lacked merit, affirming that the donor held full legal power to dispose of his property as he saw fit, and there existed no legal restraint on his right to alienate the same. Consequently, the Court dismissed the petition, establishing the principle that a property owner has an absolute right to alienate their property during their lifetime, which cannot be challenged solely on the grounds of depriving potential heirs of inheritance.
- Does a property owner have the legal authority to alienate their property through a gift despite the potential impact on the inheritance rights of their heirs?
- Is a gift mutation valid if the execution of the gift is admitted and possession of the property has been delivered to the donee?
ORDER
1. S. USMAN ALI SHAH, J.---Leave to appeal has been sought by the petitioners against; the judgment of the Lahore High Court, dated 13-2-1989, arising out of a declaratory suit filed by the petitioners, wherein they have challenged the gift Mutation No. 3607 sanctioned by the Assistant Collector-I Shahpur, District Sargodha, in favour of the respondents, by Nabi Bakhsh father of the petitioners and respondents Nos.2-4 and husband of the respondent No.1. The suit after contest was dismissed by the trial Court on 8-3-1987. Appeal and subsequent revision of the petitioners were also failed by the District Court and High Court.
2. We have heard the learned counsel for the petitioners and have gone through the relevant record.
3. We have observed that admittedly the gift made by Nabi Bakhsh father of the petitioners and respondents Nos. 2-4 and also husband of the respondent No.1 proved to have been validly made and the petitioner No-1 herself admitted the execution of the gift in favour of the respondents by her father and the possession of the gift property in suit was also delivered to the respondents. The only ground that the petitioners should not have been deprived of their rights to inherit, is without force, as Nabi Bakhsh had a full power of disposing of the property and there was no restraint on his right to alienate the same.
4. Under the facts and circumstances of the case we do not think that any case for further consideration is made out. Hence this petition, having no merit is hereby dismissed.