To prove the transaction being legitimate and free from all suspicious and doubts surrounding it,

8. In a case of such transaction with old, illiterate/rustic village ‘Parda Nasheen’ lady onus to prove the transaction being legitimate and free from all suspicious and doubts surrounding it, can only be dispelled if the lady divesting herself of a valuable property, the following mandatory conditions are complied with and fulfilled through transparent manner and through evidence of a high degree. Amongst this condition, the pre-dominantly followed are as follows: -

(i) That the lady was fully cognizant and was aware of the nature of the transaction and its probable consequences;

(ii) That she was having independent advice from a reliable source/person of trust to fully understand the nature of the transaction;

(iii) That witnesses to the transaction are such, who are close relatives or fully acquainted with the lady and were having no conflict of interest with her;

(iv) That the sale consideration was duly paid and received by the lady in the same manner; and

(v) That the very nature of transaction is explained to her in the language she understands fully and she was apprised of the contents of the deed/receipt, as the case may be.”

2016 SCMR 1225

Used in Judgement of
Lahore High court
Civil Revision
130272/18