Proving oral gift; Limitation against right of inheritance

#OralGift #Inheritence #Wrasit #Sale #LandrevenueAct #bestlawyer A transaction which is based on an oral gift has two parts, namely the fact of the oral gift which has to be independently established by proving through cogent and reliable evidence the three necessary ingredients of a valid gift i.e., offer, acceptance and delivery of possession. It is to be proved that when, where and in whose presence oral gift was made. Further, no gift in the ordinary course of human conduct can be made without reason or justification which is also to be proved. In addition, particulars whatsoever of the time, date, place and witnesses of the declaration of the gift made by donor have to be provided in pleadings or any evidence can be produced in this behalf. The mutation on the basis of an oral gift has to be independently established by adopting the procedure provided in the Land Revenue Act and the rules framed thereunder as well as the evidentiary aspects of the same in terms of the Qanun-e-Shahadat Order, 1984, including production of marginal witnesses of the disputed mutations, Patwari Halqa and Revenue Officer who attested the mutations. Moreover, appearance of the donor before the revenue officer for the purpose of getting the disputed mutations sanctioned has to be proved as well. To add, the onus was heavily placed on the shoulders of beneficiary to prove that the transaction of gift was effected without exercising undue influence over the donor or that donor had independent advice at the relevant time and that donor had effected the transaction with free will and consent.