Hiba TamleekTo Son Depriving Daughters

Hiba TamleekTo Son Depriving Daughters #law
Here is a summary of the video "Hiba To Son Depriving Daughters" by Law Channel Law Academy By QASIM BIN SAJJAD LL.M, in ten bullet points:
Supreme Court Case: The video discusses a Supreme Court case concerning property transfer (hiba) by a parent to a son, which the daughter later challenged, claiming it was done under fraud or coercion.
Initial Success: The sister won the case in civil court, and the decision was upheld in the appeals court and the High Court.
Supreme Court Examination: When the case reached the Supreme Court, the key question was the timing of the claim, filed in 1997 against a transfer made in 1981-16 years later.
Delay in Claim: The Court highlighted the suspicious delay, as the mother never challenged the transfer in her lifetime, suggesting it might be considered an admission of its validity.
Fraud Allegations: The Supreme Court emphasized the need for immediate action if fraud is suspected, similar to the principle of "haq shufa" (the right of pre-emption), which requires timely assertion.
Lack of Evidence: The sister presented insufficient evidence, relying on her testimony without additional witnesses to support the fraud claim, violating Order VI Rule 4, which necessitates proving allegations of fraud.
Supreme Court Decision: Ultimately, the Supreme Court ruled against the sister due to the lack of corroborative evidence and the significant delay in challenging the transfer.
Legal Precedents: The decision referenced previous judgments (2013 SCMR 299, 2002 SCMR 1330, 2009 SCMR 598) emphasizing the importance of timely claims and credible evidence in fraud cases.
Responsibilities in Fraud Claims: The court stressed the importance of vigilance and presenting a list of reliable witnesses, which the sister failed to do.
Key Legal Principle: The ruling reinforced that a party must actively seek relief in court within a reasonable time frame; otherwise, the opportunity to challenge might be forfeited.
These points encapsulate the video's main arguments regarding property rights and legal challenges in familial disputes.