Gift—-Allegations of fraud and misrepresentation—Burden of Proof

PLD 2018 Lah. 803

Gift—-Allegations of fraud and misrepresentation—Burden of Proof—-Contention of plaintiff/petitioner was that transaction of gift was based on fraud and misrepresentation—Suit was dismissed concurrently—Validity—When a person attacked a transaction as sham, bogus, fraudulent and fictitious then he must prove the same—Initial burden to prove the negative fact would stand discharged the moment a person substantiated his allegations by making a statement on oath and onus would be shifted to the other side to prove that the transaction in question was bona fide and legal—
Beneficiary of gift mutation was bound not only to prove the disputed mutations but also the factum of gift—Neither presumption of correctness nor truth to the contents of mutation was attached under the law. Once mutation was questioned by a party in the suit then the person claiming benefit thereunder was bound to prove the same—-Fraud would vitiate the most solemn transaction. Any transaction based on fraud would be void and Limitation did not run against void transaction nor did efflux of time extinguish the right of inheritance. Revision allowed.

PLD 2018 Lah. 803 (Shahid Waheed, J)

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