Lahore: Lahore High Court (LHC) while resolving the dispute of inherited property between brother and sister after 16 years has rejected the claim of brother that the inherited property was given to him by father as oral gift (hiba zabani).

Justice Rasal Hasan Syed issued 9-page written decision on the petition of citizen Muhammad Riaz.

The court upheld the sessions court decision for providing the share to sister out of inherited property.

It was told in the decision that according to the petitioner his father transferred all the property in his name verbally as gift in 2009.

The petitioner could not provide evidence that the property was transferred in his name as oral gift .

Brother deprived his sister of her share in inherited property due on the plea that the property was transferred in his name by father as oral gift .

It was said in the court's decision being beneficiary of oral gift , it is responsibility of the petitioner to prove the gift.

The petitioner could not tell the gift was given when, where, at what time and who were the witnesses when the gift was given.

The petitioner could not present any such documents which bear the signatures or the thumb impression of father who gave gift.

The court maintained the petitioner raised objection sister filed claim late. Brother was trying to grab the share of sister from inherited property of late father. The claim related to right of inheritance cannot be declared non maintainable merely on the basis of period of time .

According to LHC period of time in inheritance related matters starts from the day when the right of co-inheritor is rejected. As per record the respondents had inherited property in Sargodha. Following the death of father the inherited property was shifted to brother and sister in 2009.

It is mentioned in the decision that as per record the petitioner kept on giving her share to his sister from the income out of the inherited property till one year. After one year the sister demanded for partition of her inherited share.

An inquiry revealed that brother shifted all the property in his name through forgery.

It was also said in the decision she never gave any gift to any one nor the father told about giving this property as gift.

The sister filed case in civil court for acquisition of her share from the inherited property. Civil court while accepting inherited property as gift of brother rejected her claim in 2022.

It was further said sister filed appeal in sessions court against the decision of civil court.

Sessions court while nullifying the decision of civil court on November 11, 2022 ordered to give her share of inherited property to sister.

Brother Muhammad Riaz filed appeal in high court against the decision of sessions court.

According to petitioner the verbal gift is attested therefore, the sister's claim was not maintainable.

The LHC maintained the decision of sessions court about giving the share of inherited property by brother to sister was correct.

The court rejects the appeal plea of the petitioner on merit.