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The learned Judges of the High Court applied these four principles to the evidence produced by the parties and came to the conclusion that the gift was not made under immense pressure or under apprehens9oin of death. The medical evidence produced on behalf of the appellants was not believed due to deficiencies and overwriting in the medical certificate.
Khan had made gifts from time to time and before that when his daughter was murdered he had applied for succession certificate which he obtained and had inherited all those properties which he had gifted in her name. These facts show that the conscious mind and voluntary act of the deceased to gift away the property from time to time. The disease which is alleged to have been the cause of death was not of such a nature and had prolonged to such a period have caused any apprehension in the mind of the deceased that he was about to die and thus dispose of the properties.