Mutations of Gift of property in favour of son to the exclusion of daughters

e  : 2016  SCMR  1417     SUPREME-COURT
  Side Appellant : PEER BAKSH
  Side Opponent : Mst. KHANZADI
Mutations of Gift of property in favour of son to the exclusion of daughters---Essential ingredients of a valid Gift not proved---Son was under an obligation to establish the ingredients of the Gift claimed by him under the impugned mutations, however, neither particulars whatsoever of the time, date, place and witnesses of the declaration of the Gift made by deceased-donor in favour of the son had been provided in the pleadings nor any evidence could be produced by the son in such behalf---Admittedly deceased-donor was a patient of paralysis and was above 85 years of age when the disputed Gift mutations were recorded on his statement, however, the Halqa Patwari, had described the person making statement of tamleeq before him as a healthy man---Courts below had disbelieved the said witness who was admittedly a dismissed public servant---Two persons who had purportedly identified the alleged donor before the Revenue Officer were not lambardars, nor held any other public office as required by S. 42 of the Punjab Land Revenue Act, 1967, which was a serious illegality---Courts below had rightly passed a decree in favour of the daughters.