Dissolution of Marriage and Divorce Certificate in Pakistan:
Nazia Advocate is an expert property lawyer and deals in issuance of marriage, divorce certificate in Pakistan and unmarried certificate in Pakistan. The fact that the appellant had adopted the donor as a son was not established, pre-emption suit rightly decreed by the High Court. It is settled law that devisee is permitted not to disguise. If it is proved that a transaction was fictitious or sham and was not a real transaction, the Court has no power to declare it as such and in that case, it would not affect the right of the pre-emptor even after issuance of divorce certificate in Pakistan and unmarried certificate in Pakistan.
Provision of Article 102 of the Qanun-shahadat:
Where the parties ostensibly enter into a specific transaction but disguise it under the cloak of different transactions to determine the real nature of the transaction provided there is an allegation of disguise and there is also evidence to that effect. But, if there is an allegation of disguise but there is no evidence of the intention of the parties other than the document itself, the question resolves itself into one of interpretation of document pure and simple. No convincing evidence produced to establish gift or exchange transaction held sale. Where the question was about the nature of transaction as to whether it was a gift or sale. Provision of Article 102 of the Qanun-shahadat order does restrict the right of pre-emptor to establish nature of transactions gift.
Gift under Land Reforms Regulation:
The gift made by declaring in favor of sister, shall remain valid except for the purposes of regulation and holding of the declaring will be calculated including gifted land even after issuance of divorce certificate in Pakistan and unmarried certificate in Pakistan. The gift when donor out of possession: The donor not in the possession, adverse possession, gift invalid-
The gift of land by father-in-law to daughter-in-law, main consideration (Iwaz) for the gift was the marriage and the anticipated rendering of services by daughter-in-law on the account of such marriage even after issuance of divorce certificate in Pakistan and unmarried certificate in Pakistan. The relationship of father-in-law in the circumstances was fiduciary and his recital in the deed like that of a husband, in certain circumstances was fiduciary and his recital in the deed like that of husband, in certain circumstances had to be taken as a complete discharge of the responsibility of handing over the possession and altering the character of his continued possession by making it on behalf of and for the donee to preclude the donor and his successor-in-interest for questioning it.
Dissolution of marriage and Iwaz:
The gift by father-in-law in favor of daughter-in-law who performed her marital duties for 3 years till the dissolution of marriage and iwaz was complete. It could not be urged that services were alone the consideration and that were to be rendered throughout the life of the donor and power to revocation remained with the donor or that such a gift suffered from any defect of incompleteness due to non-delivery of possession even after issuance of divorce certificate in Pakistan and unmarried certificate in Pakistan. Hiba-bil-lwaz instead of marriage by father-in-law to daughter-in-law, words used in the statement by the donor at the time of attestation of mutation and remarks by an officer who heard the donor making a statement, Therefore the gift was of the land, corpus, and not only of the usufruct. In Our Law Firm in Lahore Pakistan, we have many senior family Lawyers who work on Nadra Divorce Certificate Procedure.