Gift & Unmarried Certificate in Pakistan:
Advocate Nazia is the best lawyer for cases regarding gift, divorce certificate in Pakistan and issuance of unmarried certificate in Pakistan. Suit for a declaration that gift deeds were void with consequential relief of possession of the property it valuation at Rs. 200 order of trial Court directing plaintiff to bring suit for possession and pay additional Court-fee under Section 7 (v) (a), set aside by the High Court in revisional jurisdiction even if divorce certificate in Pakistan or unmarried certificate in Pakistan is issued. The relief of possession could only follow if gift deeds were declared to be void and the value of the suit was correctly fixed under Section 7 (iv) (c). Suit on inheritance only or upon the negation of gift falls under Section 7 (iv) (c) of the Court' Fees Act, clause 7 (iv) (a) includes suits based on gifts and not on denial of the gift.
Valuation of the Court-fee to be ad valorem:
The amount assessed by the Commissioner as the market value of the property was correctly determined for the Court-fee. Suit for declaration of ownership by challenging the validity of gift valuing Rs. 200 for the Court-fee and Rs. for jurisdiction was the proper valuation plaint admitted subject to any objection by defendant. Suit based upon the denial of gift would be chargeable under Section 7 (iv) (c) and not under Section 7 (iv) (a) even if divorce certificate in Pakistan or unmarried certificate in Pakistan is issued. Suit to challenge registered deed based on fraud, etc., falls under Section 7 (iv) (c).
Even after divorce certificate in Pakistan or unmarried certificate in Pakistan is issued, Suit for declaration and cancellation of agreement falls under Section 7 (iv) (c). Under Section 7 (iv) (c) value for the Court-fee and jurisdiction shall be the same. Suit based on alleged sate, gift, mortgage. etc., is governed by Section 7 (iv) (a) of the Court-Fees Act. Suit for a declaration that gift deed was void and for possession as a consequential relief is correctly valued at Rs. 200. Relief of possession could only follow when gift deeds were declared void. The value of Rs. 200 fixed for the Court-fee was correct. Suit for declaration with consequential relief is governed by Section (iv) (c).
Art. 120 of the Limitation Act apply to such a suit, in some cases Art. 91 apply. Case-law: (1) 3 years prescribed by Art. 103. for recovery of dower to be calculated from the date when the same was demanded by the wife and was refused by the husband even after divorce certificate in Pakistan or unmarried certificate in Pakistan is issued. Refusal on behalf of the husband should be clear and unambiguous mere failure of the husband to pay dower would not amount refused to pay. Recovery of dower amount was the plea of limitation not taken in a written statement, contention repelled. Such suits are governed by Article 120 of the Limitation Act, which provides 6 years from the date of accrual of the cause of action-8 Suit for declaration as to fraud instituted within 6 years Of knowledge is within time. Limitation is 3 years from the date of gift under Art.91 which is applicable to challenge the gift. Suit for declaration for limitation as to validity of gift is governed by Art. 120 even if divorce certificate in Pakistan or unmarried certificate in Pakistan is issued. In our Law Firm in Lahore Pakistan, There are many Lawyers who can guide you the Single status Certificate in Pakistan Procedure.