“14. The inflexible, hard and fast rule is, that
when any transaction is made by any one where
“Parda Nasheen” lady’s vital interest is
involved then, the following conditions are to
be invariably and essentially fulfilled: -
(i) to establish through evidence that the
transaction was free from any influence,
misrepresentation or fraud;
(ii) that, the amount of consideration equal
to the value of the property was indeed
paid to the ladies;
(iii) in the case of “Parda Nasheen” rustic
village ladies at the time of transaction
such ladies were fully made to
understand the nature of the transaction
and the consequences, emanating
therefrom and;
(iv) That at the time of transaction, the ladies
were having access to independent
advice of their nearer or dearer, who
have no hostile interest to them.”
2016 SCMR 862
Used In:
| 2019 LHC 1562 |
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