2021 LHC 5330
There is no cavil to the preposition that in an overwhelmingly patriarchal society as ours, there is a wide spread social practice to deprive the females from their legal and shari share in inheritance, which the superior courts have always deprecated. Such deprivation is generally effected through instrument such as gift/tamleek and mutations sanctioned in pursuance thereof. Honourable Supreme Court of Pakistan in a recent judgment has held such agreements to be against the public policy.
The agreements and/or contracts which the honourable Supreme Court has held to be against the public policy are those which are purportedly entered into or executed between the male legal heirs and the female legal heirs to deprive the latter from their right to inherited property by surrendering their rights. Such agreements are generally result of exploitation, emotional or otherwise of females which takes away element of free consent from such contracts. Another category of such agreements and/or contracts is one where male legal heirs claim to be donees of the inherited property from the predecessor-in-interest to the exclusion of the female legal heirs and such transactions come to surface either before or after the demise of the predecessor-in-interest of the parties and is mostly result of exercise of undue influence, fraud or misrepresentation committed by the donees/beneficiaries. However, every case has its own peculiar facts and circumstances, and the same requires proper analysis and adjudication.
Contradiction is the act of saying something that is opposite or very different in meaning to something else that is said earlier and the same come in the way of inspiring confidence about credibility and veracity of testimony of a witness.
Civil Revision-1213-D-03
Mst. Anwar Mai VS
Ghulam Sarwar
Mr. Justice Anwaar Hussain 08-09-2021
2021 LHC 5330
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