Q:

My parents transferred their immovable property land as Hiba to me in 2008.i have no brother and only one sister married and well settled...my father also hiba one plot to my sister at same time and rest of all to me with the consent and will of my sister...she verbally allowed her share to me as it was not an inheritance at that time... We registered this hiba in 2008. my father and mother are with me..from few years our relations with the sister are disturbed and now my sister is demanding her share back....my father is alive but not in good health.my sister & her husband want to approach the court for inheriting a share of my sister... I need your opinion about the legal position of this case and what should we do here??? I m ready to pay for your precious opinion. Below is my contact details.....pls remember that my father is in critical condition of health and I need a solution ASAP.......

Sunday, September 30th, 2018 by lg1450

Answers

  1. It seems that your case comes under a valid Gift. If your father made a valid gift, therefore, no one has a right to challenge the same, particularly when the donor is still alive.

    ” Essential requirement—Proof—Three ingredients of a valid Gift included declaration/offer by the donor; acceptance of Gift by the donee; and, delivery of possession under the Gift —Declaration of Gift and delivery of possession had to be established through independent evidence”
    2018 PLD 698 SUPREME-COURT