The Supreme Court dismissed the brothers’ appeal against the High Court’s decision (Photo File).
Islamabad: Zaytun Bibi, a resident of Dera Ismail Khan, got her inheritance right after 46 years. The Supreme Court dismissed the appeal of the brothers against the High Court’s decision recognizing Zeitun Bibi’s share in the father’s property.
According to Express News, the petitioner’s lawyer told the court that the sisters had gifted their share to the brother, upon which Justice Ijaz-ul-Ahsan remarked that the sisters were young when the gift was given. How can younger sister gift property to brothers? According to the records, the lawyer gave a statement on behalf of the sister.
Justice Ijaz-ul-Ahsan inquired that how can a lawyer give a statement on behalf of a young girl? Brothers have ever gifted property to sister, why should sister give gift every time? If the acceptance of the offer is not mentioned anywhere in the gift deed, then it has no legal status.
Justice Muneeb Akhtar remarked during the hearing that how the brothers took all the property from the sister when the sister was a minor. A minor sister cannot enter into any contract. During the hearing, the people who bought the land also supported the petitioner. The buyer’s counsel told the court that before the land was purchased, it was assured that the sisters’ share was not included in it.
Justice Ejaz-ul-Ahsan said that how did the buyer console? Show a document. The case record does not establish that the purchaser has given substantial satisfaction.
It should be noted that after the death of the father, since 1976, the brothers and sisters have been in possession of the property, against which Zeeton Bibi filed a case in the civil court in 2005 for a share in the property. The court ruled in favor of the woman. An appeal was filed in the Supreme Court in 2018 on behalf of the woman’s brothers, which was dismissed by the court today.
