Fraudulent Court Decree Dismissal

Summary

A court decree obtained by fraud in Pakistan can be set aside by filing an application under Section 12(2) of the Civil Procedure Code. The application must be filed in the same court that issued the decree, and evidence of fraud must be provided. A father can gift agricultural land to his children through a registered gift deed, but a minor cannot act as a donee. In a case where a father allegedly gifted property while on his deathbed, substantial evidence like medical reports and testimonies can lead to the decree being set aside. Preparing for court involves gathering documents, obtaining testimonies, and consulting a lawyer.

Full Conversation

Can a father gift his Agriculture land to his sons and deprived daughters as per pakistan law
In Pakistan, a father can gift his agricultural land to his sons and daughters. However, there are certain legal requirements:
- The gift must be made through a registered gift deed.
- The gift deed should be signed by the donor (father) and accepted by the donees (children).
- Transfer of ownership should be recorded in the land revenue records.
Is there a specific aspect of the gift process you need more information on?
Can a minor son act as donee on and sign a gift deed in behalf of his siblings and mother
In Pakistan, a minor cannot act as a donee or sign a gift deed on behalf of others, including siblings and mother. A legal guardian must be involved in such matters.
Do you need specific details on how a guardian can proceed with the gift deed process?
Three Sons filed a suit against their father in * that their father has gifted them proprty measuring * kanal in * and now he asking back its possession. Father appeared before court record his statement that he gifted property * kanal * marla and made gift with free will.Court issued decree .Father recorded statement on * August * and passed away on * August *.Widow of father and * daughters and two donee sons were kept unaware of this decision. Daughter filled an application in court under *(*) claiming that their father was on death bed and suffering from cancer when he was presented before court.in evidence daughter produced death certificate of their father showing that father was on death bed when presented before court.Daughter also produced father medical reports having cancer mentioned. Further two of the sons also endorsed stance of daughters. What could be case out come as per pakistan law
In Pakistan, the application under Section *(*) CPC to set aside a decree obtained by fraud or misrepresentation has a strong basis if substantial evidence is provided. Given the death certificate, medical reports, and testimonies from two sons, the court may determine that the decree was obtained fraudulently and may set it aside.
Do you need any further assistance with this case, possibly steps to prepare for the court proceedings?
Yes
To prepare for court proceedings, you should:
- Gather all relevant documents, including death certificate and medical reports.
- Obtain written testimonies from the two sons who support the claim.
- Prepare witnesses who can attest to the father's condition.
- Consult with a lawyer to ensure all legal requirements are met and to strengthen your case.
Would you like information on legal representation or specific steps for court preparation?