LAHORE: The Lahore High Court has ruled that under Islamic law and the law of the land, a Muslim is not barred from gifting property to a child who has earned trust and affection through personal service and care.
The court issued this decision while dismissing a petition filed by Muhammad Naseem and others, who challenged their deceased father Bashir Ahmed’s decision to gift his property to their step-brother Asghar Ali. The petitioners argued that the oral gifts and the subsequent property mutations were fraudulent, claiming that their father never appeared before revenue officials for execution and registration of the transfers.
The court, however, found that the oral gifts had been made through separate property mutations over two years. These were all attested by witnesses and included the thumb impressions and photographs of the deceased.
The court noted that this process indicated a valid and intentional transfer.
The court observed that the father had transferred his estate during his lifetime after being impressed by the conduct and care shown by the respondent. It added that such a gift did not reflect malice but rather acknowledged filial duty, and it falls within the legal rights of a property owner under both Islamic jurisprudence and civil law.
The court said the disobedience and lack of contact from the petitioners during their father’s life were only secondary issues. It held that the circumstances around the oral gifts suggested a genuine and lawful transfer based on personal service and affection.
The petition was dismissed for lacking merit.
