Heirs cannot undo a Valid Gift made during a Donor’s Lifetime --- Lahore High Court, Lahore

Islamabad 22-03-2025: In a significant ruling, the Lahore High Court has dismissed an application filed by daughters of a deceased man seeking to challenge a previous judgment that upheld the validity of a gift mutation made during his lifetime. The application, filed under Section 12(2) of the Code of Civil Procedure, 1908, was held to be non-maintainable as no fraud or misrepresentation could be established.

The case involved a 64-Kanal property originally gifted by the deceased, to his son from his first marriage, Respondent No.5. The petitioners, daughters from deceased’s second marriage, argued that their exclusion from the pedigree table amounted to fraud. However, the Court noted that the deceased had actively participated in prior litigation and later conceded both the parentage and gift before the Appellate Court, making his legal heirs estopped from raising fresh claims.

Mr. Justice Anwaar Hussain ruled that the gift, having been validly made during the deceased’s lifetime, ceased to be part of his estate and therefore did not fall under inheritance laws. The Court emphasized that inheritance rights arise only after the death of a person and over property that remains in the estate. Additionally, the Court rejected the evidentiary value of a later affidavit submitted by the deceased that contradicted his earlier Court testimony.

The application was dismissed on grounds of lack of fraud, absence of locus standi, and the conclusiveness of prior judicial findings.

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