03/12/2023
2022 MLD 1013
It is indeed par for the course for muslim men without sons but with daughters to gift their properties to their daughters during their lifetime so as to not allow the sons of theirs brothers or sisters to lay a claim to the property after their death. It is evident that in the present case the donor had no male issue and going by recognized common tenants prevalent in the society, a sonless father 8 transferring his whole property to his daughters to avoid its transfer to his brothers or their children after his death is not unusual. There is, therefore, nothing alarming either about the approach adopted by the learned appellate court or the basis on which the judgment of the learned appellate court is based. This should be read alongside the fact that there was no love lost between predecessor-in-interest of the respondents i.e. donor and his nephews who had kept him anxiously busy in litigation and against whom the donor had a reason for depriving them of their inheritable share. Therefore, there existed circumstances in which the gift could have been, and was, made.
Presumption of regularity is attached to official documents and in the present matter the Register of Rights as also the copy of daily diary which are official documents had presumption of regularity attached with them and since this presumption was never even remotely rebutted these documents were rightly relied upon by the learned appellate court as establishing the factum of gift. In this regard it may be stated that Rapat Roznamcha and the Register carrying entries in Record of Rights carry presumption of truth and were, therefore, rightly relied upon by the learned appellate court.
Nonimpleadment of revenue officials and the revenue hierarchy in the suit filed by the petitioners is fatal to their case .
What is obvious is the fact that the ex*****on of the mutation of tamleek coupled with unrebutted official documents discussed above clearly reflects that an implied offer of gift was made, was accepted and was acted upon and this has been correctly noted by the learned appellate court while setting aside the judgment and decree passed by the learned trial court. The learned appellate court‟s observations about there being an adequate reason for executing the gift in question are indeed confidence-inspiring as is the discourse of the learned appellate court in its judgment about implied offer and implied acceptance.
2022 MLD 1013
Our society having generally failed in instilling a sense of security in women breeds an environment where women become more vulnerable to being maltreated and deprived of their rights by force or by deceit by their distant or immediate male relatives. The near failure of the State and society in providing a respectable and dignified public life for women leaves women at the mercy and altar of their male relatives. A society in which women are forced to ensure their own safety indubitably leads fathers to a desire to ensure as much as they can that their daughters are as less troubled as possible when they are not around to ensure their protection themselves.
