بہنوں کو وراثت کے حق سے محروم کرنے پر سپریم کورٹ ۔کمال فیصلہ ۔۔

 P L D 2022 Supreme Court 504
Gift---
----Pardanashin lady---Brother depriving his illiterate and Pardanashin sisters of their property through a gift deed---Fraud and misrepresentation---In the present case, the sisters had never gifted their inherited property to their brother (defendant) but the brother fraudulently prepared the gift deed in his favour and, further, got the thumb impressions of his sisters on blank paper through fraud and misrepresentation---Donors (sisters) were not aware as to which type of document they were going to sign but, taking advantage of their illiteracy, their brother managed the execution of the gift in his favour---Nothing was brought on the record to prove that any disinterested, neutral or nonaligned person read over the indenture of the gift to the illiterate and Pardanashin ladies---One of the sisters also took the stance that there was no occasion to give the property to her brother in the presence of her own children---Revenue Officer, Sub-Registrar and Patwari Halqa were not brought into the witness box to testify whether the transaction of gift was true or a sham---Further, the Petition-Writer and the stamp vendor were also important witnesses but were also not brought to the witness box---All the Courts below categorically recorded the finding that the transaction of gift was not proved---Petition for leave to appeal was dismissed and leave was refused

Pardanashin lady---
----Illiterate lady---Property transaction---Rules regarding transaction by a Pardanashin lady are evenly applicable to an illiterate and ignorant woman though she may not be Pardanashin lady in a strict sense.

Pardanashin lady---
----Illiterate and Pardanashin lady---Property transaction---Burden of proof---Rules/principles regarding transaction with a Pardanashin lady stated.
A document severely and gravely jeopardizing the interest of an illiterate and Pardanashin lady in favour of any person having a relationship of profuse confidence and faith with them requires stringent testimony and authentication of execution with the assurance of independent and unprejudiced advice to such lady with further confirmation and reassurance without any doubt that the description, repercussions and aftermath/end result of the transaction was fully explained and understood. The burden of proof shall always rest upon the person who entreats to uphold the transaction entered into with a Pardanashin or illiterate lady to establish that the said document was executed by her after mindfulness of the transaction. Whether a lady is a Pardanashin or illiterate is always a question of fact and the burden of proof rests upon the person asserting any right under any deed or document that was signed or affixed with a thumb impression by a Pardanashin or illiterate lady voluntarily and consciously.
It is imperative for the Court as an assiduous duty and obligation that, while dealing with the instance of any document executed by a Pardanashin or illiterate lady, it ought to be satisfied with clear evidence that the said document was in fact executed by her or by a duly constituted attorney appointed by her with full understanding and intelligence regarding the nature of the document. The Pardanashin ladies have been given a protection time immemorial in view of social conditions that include an imperfect knowledge of the world being virtually excluded from communion with the outside world. The rationale of this rule of wisdom and concentration is obviously to shield them from deception, duress and misrepresentation.

Pardanashin lady---
----Old, illiterate/rustic village 'Pardanashin' lady---Property transaction---Mandatory conditions to be complied with to prove that the transaction was legitimate and free from all suspicions stated.
In case of a transaction with an old, illiterate/rustic village 'Pardanashin' lady onus to prove the transaction being legitimate and free from all suspicions and doubts surrounding it, can only be dispelled if the following mandatory conditions are complied with and fulfilled through transparent manner and through evidence of a high degree. Amongst the conditions, the ones pre-dominantly followed are:-
(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.