No bar on a Muslim to gift his property to an obedient child: LHC

LAHORE: The Lahore High Court (LHC) held that Islamic law and law of the land do not restrain a Muslim from gifting his property to the child who earned his trust and affection through personal service and care.

The court observed such a transaction reflects not malice, but recognition of filial duty and falls squarely within the autonomy of an owner preserved under Islamic jurisprudence, as well as, law of the land.

The court passed this order in a petition of Muhammad Naseem and others who approached the court against the decision of their deceased father Bashir Ahmed, who gifted his property to the petitioners’ step-brother Asghar Ali.

The court said prima facie, it appears that the deceased impressed by the conduct and care extended by the respondent chose to transfer his entire estate to him during his lifetime.

The court said the disobedience of the petitioners and their distancing from the donor in his life was only an ancillary aspect of the matter.

The petitioners; however, averred in their plaint that the oral gifts and the subsequent mutations were fraudulent and the donor never appeared before the revenue officials for execution, registration and sanctioning of the mutations.

The court; however, noted that oral gifts in this case were made through separate mutations spread over a period of two years, all attested by the witnesses and bearing the thumb impressions of the deceased father along with his photograph.

In the present case, the circumstances surrounding the oral gifts are materially different and suggest a bonafide transfer based on affection and the personal service of the respondent, the court added and dismissed the petition for being devoid of any merit.

Copyright Business Recorder, 2025