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.
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