Divorce Certificate in Pakistan and Gift by husband:
Nazia Law Associates is the best law firm in Pakistan for sale and registration of gift and issuance of divorce certificate in Pakistan and certificate of no impediment to marriage in Pakistan. No sale price is required to be paid in case of gift property, mutation not to be declared invalid for non-payment of price by the donee to the donor. The issue about validity of gift not framed, High Court remanding tor framing of the issue, leave to appeal granted by the Supreme Court to consider if remand permissible even after issuance of divorce certificate in Pakistan and certificate of no impediment to marriage in Pakistan.
Punjab Personal Law Shariat Application Act, 1948:
The donor accepting gift at the time of mutation, conditions not fulfilled. The factum of the gift once proved, bona fides of gift could not be enquired into by land commission. The occupancy tenancy on the death of tenant governed by the custom in matter of alienation mutated in the name of the widow as a limited owner, the gift of such land made by the widow is invalid. The gift made in favor of the Darbar Sharif, Darbar Sharif not capable of entering into possession, gift invalid. The gift made before the passing of the Punjab Personal Law Shariat Application Act, 1948, invalidity determined under the custom. The gift of vested remainder not valid among sunnis.
The gift deed not necessarily is in writing; the oral gift is as good as a written gift. The gift by a husband instead of marriage to the bride, writing was not necessary even after issuance of divorce certificate in Pakistan and certificate of no impediment to marriage in Pakistan. When the right to sue accrues: The gift of usufruct could be challenged after the death of donee.
The question of whether the gift was valid or not could only is decided by the civil Court and not in writ after the decision of the Member Board of Revenue. The proper determination of the question of ownership of the property through gift lies within the exclusive domain of the trial Court. The High Court can only step in where it finds that lower forum has either acted illegally or with material irregularity or have resorted to misreading or non-reading of evidence.
That the gift is bad for non-delivery of possession even after issuance of divorce certificate in Pakistan and certificate of no impediment to marriage in Pakistan. That the gift made at the death-bed is void. The object of the gift was to disinherit a legal heir. That the gift was made by a purdahnashin lady by practicing fraud on her part. The gift was a result of fraud and coercion. In this case, the donee shortly before his marriage made a gift of land in favor of his fiancé, Gift was recorded in mutation showing the same was made instead of dower. They were thereafter married. They were deeply attached. Only about five months after their marriage, the husband committed suicide, by jumping into a well.
The father and mother of the deceased got mutation entered in their favor. Mst. Saeeda Fatima, the widow, challenged the mutation by filing a suit for possession of the gifted land. The learned Civil Judge, Multan decreed the suit in her favor. The matter went upon the Supreme Court. It was argued that in a case where the gift is made before the Nikah, the presumption of delivery of possession will arise. It was laid down by their Lordships that.
No Impediment to Marriage in Pakistan:
Land transferred by the husband to wife before the Nikah, was, therefore, like Hiba-bil-iwaz which can be given even after issuance of divorce certificate in Pakistan and certificate of no impediment to marriage in Pakistan. As such a gift no question of its acceptance or proof of delivery of possession arose furthermore, it was added that even though the husband may have been collecting rents after marriage, the presumption would be that after marriage the collection of rents was on behalf of his wife and not for himself. The wife was purdahnashin lady and could not collect rent herself, particularly when the couple was newly married and there was no cause for the donee to collect rent herself and not to rely upon husband in this connection. In Our Law Firm in Lahore Pakistan, we have many senior family Lawyers who work on Nadra Divorce Certificate Procedure.