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A Father Gifting Land to his Minor Daughter does not require Strict Proof of Possession, as per Islamic Legal Principles --- Supreme Court of Pakistan

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A Father Gifting Land to his Minor Daughter does not require Strict Proof of Possession, as per Islamic Legal Principles --- Supreme Court of Pakistan

Islamabad 11-03-2025: The Supreme Court of Pakistan has upheld the validity of a gifted land transaction, dismissing an appeal challenging the ownership rights of 909 acres of land gifted by father to his daughter. The apex Court ruled that the declaration made before the Land Reforms Authorities in 1959 was legally binding, despite the absence of a formal gift deed and physical possession by the donee.

A bench comprising Mr. Justice Shahid Waheed, Mr. Justice Muhammad Shafi Siddiqui, and Mr. Justice Miangul Hassan Aurangzeb reaffirmed that a father gifting land to his minor daughter does not require strict proof of possession, as per Islamic legal principles. The ruling also emphasized that official records and government acceptance of a gift are sufficient proof of ownership, reinforcing that inheritance mutation cannot override a previously gifted property.

The case originated from a dispute after the Appellate Court reversed an earlier Civil Court ruling that had recognized the gift, citing a lack of proof of possession. However, the Peshawar High Court reinstated the original decree, prompting the appellants to approach the Supreme Court of Pakistan. The SC dismissed the appeal, holding that the gift was legally recognized, never revoked by the donor, and was acknowledged by the Land Reforms Authorities.

The verdict relies on key precedents, including Qazalbash Waqf Vs. Chief Land Commissioner (PLD 1990 SC 99) and Kaneez Bibi Vs. Sher Muhammad (PLD 1991 SC 466), both reinforcing the legal standing of land declarations and the permissibility of non-physical possession in gifts from a father to a minor daughter. The ruling further clarifies that where land declarations are made under statutory regulations and remain unchallenged for decades, they hold decisive legal weight.

The Supreme Court of Pakistan dismissed the appeal without costs, bringing an end to a decades-long dispute over inherited land rights and reinforcing the legal framework governing land reforms and Islamic gifts in Pakistan.