Lahore High Court (LHC) Justice Anwaar Hussain has upheld a district court's decision in favour of a woman whose brother had deprived her of inherited property because of love marriage.
The woman's brother Liaquat Ali had challenged and appellate court's decision to dismiss his appeal.
The petitioner had had got sanctioned a gift in his favour through a mutation on February 27, 1999 but his father Niamat Ali had not appeared before any revenue official for the purpose.
The donor had transferred the property to his son because he was unhappy with the daughter who had married against the will of her family.
Justice Hussain observed that such gifts must be given in good faith, without the intention to cause harm or injustice to the other rightful heirs. Islamic teachings emphasise fairness in dealings, particularly among family members.
The court noted that alleged anger against the respondent, resulting in the alleged gift was triggered by the love marriage of the respondent, which she had contracted in 1980. However, the marriage had ended in divorce and subsequently her second marriage had been solemnised in 1981, whereas the gift mutation was sanctioned in 1999.
As per a statement of the petitioner's witness, the donor had attended the second marriage of the respondent.
The judge observed that had there been any ill-will subsisting with the donor against the respondent, he would not have attended the second marriage of the respondent.
The petitioner had failed to prove the oral gift mutation, witnessed by one person who was not produced to substantiate the genuineness of the transaction. There was no evidence on record to establish that the witness was not available.
The court declared that the petitioner had failed to prove the valid execution of the gift mutation. Both the subordinate courts had correctly decreed the suit of the respondent, Justice Hussain declared.
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