Cancellation of Gift Deed in Pakistan: Peshawar High Court Protects a Parda Nasheen Lady

A single mutation entry can sometimes take away a woman’s lifelong property rights. Cancellation of gift deed in Pakistan becomes necessary when a gift is shown on paper, but the alleged donor says she never gifted the land, never appeared before the Revenue Officer, and never understood any such transaction. In this important Peshawar High Court judgment, the Court examined an alleged gift mutation involving an aged parda nasheen lady. The Court asked the most important questions: Was there a real gift? Was there offer and acceptance? Was possession delivered? Was the woman properly protected from fraud?

Court Judgment Summary
Citation	2026PLD53 Peshawar		Cancellation of Gift Deed in Pakistan
Court / Forum	Peshawar High Court
Hon’ble Judge	Justice Muhammad Faheem Wali
Petitioner		Respondent
Rustam Khan		Mst. Pathani through Legal Heirs and others
Judgment Author		Justice Muhammad Faheem Wali
Final Decision		Civil revision dismissed; cancellation of gift mutation maintained

Why This Judgment Matters for Ordinary Citizens

Many people in Pakistan believe that if a mutation is entered in revenue record, the matter is final. This judgment explains that this belief is legally dangerous. A mutation may record a claim, but it cannot replace proof of a real gift.

This case matters because it protects people, especially women, from losing property through doubtful papers. The Court made it clear that a gift must be proved through proper evidence, not only through a revenue entry.

The judgment is especially important for families where old women, illiterate women, or parda nasheen women are shown to have gifted valuable land. In such cases, courts require extra caution.

For anyone studying cancellation of gift deed in Pakistan, this case gives a clear lesson: a gift mutation can be cancelled if the gift itself is not proved.

Background of the Case

The dispute started when Mst. Pathani, respondent No.1, filed a suit for cancellation of gift mutation No. 1723, which was attested on 23 February 2000.

Her case was very serious. She said the mutation was fake, forged, fraudulent, and ineffective against her rights. She also stated that she never appeared before the Revenue Officer, never recorded any statement, and never affixed her thumb impression to gift her property.

On the other side, the petitioner Rustam Khan denied her claim. He argued that the mutation was legally and validly entered and attested. He claimed that he had obtained a portion of the suit property through a valid gift.

The trial court accepted Mst. Pathani’s case and decreed her suit on 21 September 2019. The petitioner filed an appeal, but the Additional District Judge, Paharpur, D.I. Khan dismissed the appeal on 26 August 2020. After losing before both courts, the petitioner filed a civil revision before the Peshawar High Court.

What Was the Real Dispute?

At first glance, this case looked like a simple mutation dispute. But the real issue was much deeper. The Court had to decide whether the alleged gift was real, complete, and legally proved.

The petitioner’s claim depended on a gift mutation. But Mst. Pathani said she had never gifted the property at all. She also claimed that she was an aged parda nasheen lady and had been defrauded.

The record also showed that the petitioner was a witness of the impugned gift mutation. After attesting that mutation, respondent No.2 transferred a portion of land to the petitioner. This made the petitioner’s position weaker because his rights were connected with the very mutation that was under challenge.

This is why cancellation of gift deed in Pakistan is not only about removing a document. It is about examining the truth behind the transaction.

Main Legal Issues Before the High Court

The Peshawar High Court had to decide whether the courts below had committed any illegality while cancelling the gift mutation.

The main issue was whether the alleged gift had been proved through offer, acceptance, and delivery of possession.

Another issue was whether the witnesses of mutation could automatically be treated as witnesses of the original gift. The Court made it clear that mutation witnesses are not automatically witnesses of offer and acceptance.

The Court also had to examine whether Mst. Pathani, being an old parda nasheen lady, had been properly identified and whether she had independent advice before allegedly losing her property.

The petitioner also claimed protection under section 41 of the Transfer of Property Act, 1882, but the Court had to decide whether such protection could apply when the original gift mutation itself was not legally proved.

Arguments of the Petitioner’s Lawyer

The petitioner was represented by Muhammad Anwar Awan.

The judgment does not reproduce the arguments in long detail, but the petitioner’s position is clear from the record. He argued that gift mutation No. 1723 was validly entered and attested. He wanted the High Court to set aside the concurrent judgments of the trial court and appellate court.

The petitioner also tried to claim protection under section 41 of the Transfer of Property Act. His position was that he had obtained a portion of the land through a valid transaction and that his rights should be protected.

He also requested permission to produce additional evidence by recording the statement of the Tehsildar who had attested the impugned mutation. However, the High Court refused this request because the basic ingredients of a valid gift were still missing.

Arguments of the Respondents’ Lawyers

The respondents were represented by Ghulam Muhammad Sappal, Rehmatullah Khan, and Miss Maria Khan.

Their case was that the gift mutation was fake, forged, fraudulent, and ineffective against the rights of Mst. Pathani.

They relied on the fact that Mst. Pathani was an aged parda nasheen lady. They argued that she never appeared before the Revenue Officer, never recorded any statement, and never placed her thumb impression for gifting her property.

Their position was strengthened by the legal requirement that a valid gift must have declaration, acceptance, and delivery of possession. They also relied on the absence of details regarding the time, date, place, and witnesses of the alleged offer and acceptance.

Cancellation of Gift Deed in Pakistan and the Burden of Proof

In cases involving cancellation of gift deed in Pakistan, one of the most important questions is: who must prove the gift?

The Court made the answer clear. The beneficiary of the gift carries a heavy burden. The person claiming benefit from the alleged gift must prove the whole story of the gift.

That means the beneficiary must explain when the offer was made, where it was made, who was present, how the gift was accepted, and whether possession was delivered.

In this case, respondent No.2 was the alleged donee and the petitioner was an attesting witness of the mutation. Both were required to provide details of offer and acceptance in their written statements and evidence.

They failed to do so. Their pleadings and evidence were silent on the necessary details.

Why Mutation Alone Was Not Enough

A mutation may look official, but it is not a substitute for proof of the original gift. This is one of the strongest lessons of this judgment.

The Court held that mere entry and attestation of a gift mutation does not automatically prove offer and acceptance. A witness of mutation is not necessarily a witness of the real gift transaction.

This point is very important. A person may be present at the revenue office when a mutation is entered, but that does not prove that he witnessed the original declaration of gift, acceptance of gift, or delivery of possession.

The Court supported this view by referring to Mrs. Khalida Azhar v. Viqar Rustam Bakhshi and others, 2018 SCMR 30 and Peer Baksh through LRs and others v. Mst. Khanzadi and others, 2016 SCMR 1417. These judgments support the principle that the real gift must be proved independently.

This is why cancellation of gift deed in Pakistan may succeed when the gift is supported only by mutation but not by reliable evidence.

Oral Gift in Pakistan: What Must Be Proved?

A claim of oral gift is not accepted only because someone says that a gift was made. The Court explained that an oral gift has two separate parts.

First, the fact of oral gift must be proved independently through cogent and reliable evidence. This requires three essential ingredients:

• Declaration of gift
• Acceptance of gift
• Delivery of possession

Second, the mutation based on the oral gift must also be proved according to the procedure provided in the Land Revenue Act, the rules made under it, and the evidentiary requirements of the Qanun-e-Shahadat Order, 1984.

This means that the original gift and the mutation are both important. A mutation cannot replace the gift, and a claim of gift cannot ignore the mutation procedure.

For evidence rules, readers may also study the Qanun-e-Shahadat Order, 1984.

Why the Alleged Gift Failed

The alleged gift failed because the defendants could not prove the essential ingredients of a valid gift.

The Court found that the details of declaration and acceptance were missing. The written statements did not mention the time, date, place, and witnesses of the alleged offer and acceptance. The evidence was also silent on these facts.

Even if declaration and acceptance were ignored for a moment, the third requirement—delivery of possession—was also missing.

The Patwari Halqa appeared as P.W.2 and referred to Khasra Girdawari. He stated that respondent No.2 and the present petitioner were not in possession of the suit land till the year 2004.

There was also no entry in the record of rights showing change of possession in favour of respondent No.2 and then the petitioner.

This showed that the alleged gift had not been completed before the mutation was attested on 23 February 2000. Therefore, the Court held that the entry and attestation of the mutation were illegal and unlawful.

Parda Nasheen Lady and Special Protection

This judgment becomes more powerful because Mst. Pathani was an aged parda nasheen lady.

The Court noted that she was a married woman and had four sons. Yet no close blood relative from her prohibited degree was associated with the gift mutation to identify her.

Both witnesses who allegedly identified her were not her relatives. The record was also silent about whether she had independent advice from her near and dear ones.

Most importantly, there was no proof that she was properly told that by placing her thumb impression, she would permanently lose ownership of her land and her sons would also be deprived.

This is why courts apply strict caution in transactions involving old, illiterate, rustic, or parda observing women.

In such cases, cancellation of gift deed in Pakistan is not just a technical remedy. It becomes a shield against fraud and exploitation.

Supreme Court Reference: Ghulam Muhammad v. Zohran Bibi

The Peshawar High Court relied on Ghulam Muhammad v. Zohran Bibi and others, 2021 SCMR 19.

This Supreme Court judgment supports the principle that when a transaction involves a parda nasheen and illiterate woman, the beneficiary must prove that the transaction was made with her free consent and will.

The woman must be aware of the meaning, scope, and consequences of the document. She must understand what she is signing or thumb-marking. She should also have independent and objective advice, either from a lawyer or a male member of her immediate family.

This reference strengthened the Court’s protection of Mst. Pathani.

Supreme Court Reference: Phul Peer Shah v. Hafeez Fatima

The Court also referred to Phul Peer Shah v. Hafeez Fatima, 2016 SCMR 1225.

In that case, the Supreme Court laid down strict conditions for transactions involving old, illiterate, rustic village parda nasheen women.

The woman must understand the nature and consequences of the transaction. She must have independent advice from a reliable person. The witnesses should be close relatives or persons fully acquainted with her and should have no conflict of interest. The transaction must also be explained to her in a language she fully understands.

This reference is very important because it shows that courts do not treat vulnerable women like ordinary commercial parties. They require higher proof and greater fairness.

Why Section 41 Protection Failed

The petitioner tried to protect his position under section 41 of the Transfer of Property Act, 1882. But the Court did not accept this defence.

The reason was simple. The petitioner’s rights were connected with the rights of respondent No.2, and the original gift mutation itself was not proved.

The petitioner was also a witness of the impugned mutation. After that mutation, a portion of the land was transferred to him.

The Court held that when the original mutation is illegal and unlawful, the petitioner cannot take shelter under later transfers.

The Court expressed the idea clearly: an illegal mutation cannot be continued by saving subsequent transfers. If the foundation is bad, the later structure also falls.

For further reading, citizens may study Section 41 and other property transfer rules in the Transfer of Property Act, 1882.

Why Additional Evidence Was Refused

The petitioner wanted to produce the Tehsildar as additional evidence at a late stage. The Court refused this request.

The Court held that even if the Tehsildar’s statement were recorded, it would not change the result of the case.

Why? Because the valid gift itself was not proved. The case was not weak only because one official was missing. The real defects were deeper: no proof of offer, no proof of acceptance, no proof of delivery of possession, no close relative to identify the parda nasheen lady, and no independent advice.

This shows that additional evidence cannot rescue a fundamentally defective gift claim.

Cancellation of Gift Deed in Pakistan: Why the Courts Below Were Upheld

The trial court and appellate court both decided in favour of Mst. Pathani. These were concurrent findings of fact.

In revision, the High Court does not interfere unless there is a serious illegality, misreading of evidence, non-reading of evidence, or material irregularity.

The petitioner failed to point out any such illegality or infirmity. Therefore, the Peshawar High Court maintained the judgments of both courts below.

This final result confirms that the cancellation of the gift mutation remained intact.

Final Decision of the Peshawar High Court

The Peshawar High Court dismissed the civil revision.

The Court maintained the cancellation of gift mutation No. 1723.

The Court held that the alleged gift was not proved, possession was not delivered, the parda nasheen lady was not properly protected, and section 41 of the Transfer of Property Act could not save the petitioner.

This judgment is a strong precedent for cancellation of gift deed in Pakistan, especially where the alleged donor is an old, illiterate, or parda observing woman.

Practical Lessons for Pakistani Citizens

Before trusting any gift mutation, citizens should understand that a mutation is not enough. The real gift must be proved.

A valid gift requires declaration, acceptance, and delivery of possession.

The beneficiary must prove time, date, place, and witnesses of offer and acceptance.

A mutation witness is not automatically a witness of the original gift.

A parda nasheen lady must be properly identified by reliable people.

An old or illiterate woman must receive independent advice before losing valuable property.

The document must be explained to her in a language she understands.

Revenue record should support delivery of possession.

A later transfer cannot survive if the original mutation is illegal.

For families, this judgment gives a clear lesson that cancellation of gift deed in Pakistan may be possible where fraud, lack of possession, or lack of free consent is proved.

You may also read our guide on gift deed in Pakistan to understand how courts examine Hiba, possession, and property transfer disputes.

Key Takeaways

• Cancellation of gift deed in Pakistan is possible when the alleged gift is not legally proved.
• A gift mutation alone does not prove a valid Hiba.
• Offer, acceptance, and delivery of possession are essential.
• Time, date, place, and witnesses of offer and acceptance must be proved.
• Mutation witnesses are not automatically witnesses of the original gift.
• Parda nasheen women receive special legal protection.
• Independent advice is important where an old or illiterate woman is involved.
• Section 41 cannot protect a later transfer based on an illegal mutation.
• Additional evidence cannot fix a fundamentally unproved gift.
• The Peshawar High Court dismissed the revision and maintained cancellation of the gift mutation.

Conclusion

This judgment is not only about one gift mutation. It is about the truth behind property papers.

The Peshawar High Court made it clear that a gift must be real, complete, and proved through reliable evidence. Where the alleged donor is an old parda nasheen lady, the Court will demand greater caution and stronger proof.

For ordinary citizens, the message is simple: do not trust mutation alone. Ask whether the gift was truly made, accepted, understood, and followed by possession.

For lawyers and students, this case is an important guide on oral gift, mutation evidence, parda nasheen women, additional evidence, section 41 of the Transfer of Property Act, and cancellation of gift deed in Pakistan.

Disclaimer

This article is for legal awareness and educational purposes only. It is not professional legal advice. For any personal legal matter, readers should consult a qualified lawyer.

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