Pardanashin

Scope stated.

Illiterate person, old disabled, weak, ailing ignorant, inexperienced and unable to comprehend or conceive nature of business transaction

Sale by

Burden or proof

Care and caution to be taken in execution of sale-deed by such lady highlighted.

Pardanashin lady enjoyed certain protections under the law and the person who entered into any transaction with pardanashin lady, he must satisfy the conditions laid down under the law

If he would fail to fulfil the requirements, the transaction could not be deemed as reflected in the document

Certain conditions for protecting the rights and interest of pardanashin ladies were as to what was the origin of her intention to act in the manner, the document, was set out; as to whether the transaction was a natural disposition or unnatural one; as to whether the disposition took place in a natural, normal manner; as to whether she kept any part of the property for herself or transferred the whole; as to whether the transaction was righteous in character; as to whether she had any friendly advice before executing the deed and by a person whom the court considered as being genuinely interested in her welfare; as to whether she had benefited from the money raised by the transaction; as to whether the document was explained to her; as to whether she really had the capacity to understand its consequences; as to whether it was a mental act, i.e. whether the mind accompanied the hand that executed it; as to whether the contract or deed was just in itself; and that whether the entire transaction was free from circumstances throwing any shadow of doubt or suspicious on the inception, execution and application of the deed

Wherever a transaction was challenged by a pardanashin lady on grounds of fraud, collusion and misrepresentation, the beneficiary of the transaction was under legal duty to prove by producing overwhelming evidence to establish the genuineness of the sale transaction.

Such deed would become doubtful.

Identification of an illiterate or Pardanasheen woman, vendor, must be established beyond doubt and court must be vigilant in taking extra care to ascertain the genuineness of a registered document which was alleged to have been executed by an illiterate or parda observing lady.

Where the executant of a document was Pardanasheen or illiterate woman, notwithstanding the fact that she was known to the vendee or was a stranger to him, if she denied the execution of document, the party placing reliance on such document must prove its execution

Burden of proving the negative fact was shifted to such a woman, executant, if the initial burden of proving the genuineness of document was discharged.

Legal protection given to paradanashin or illiterate woman cannot be transmuted into legal disability.

Marginal witness deposed that agreement was executed by such lady, which had been read over to her, who after accepting its correctness had put her thumb impression thereon

Lady, held, had executed the agreement in presence of her husband.

Plaintiff assailed registered sale-deed on the ground that the power of attorney was executed by her without any independent advice, on the basis of which sale-deed was executed in favour of defendant

General power of attorney contained thumb-marks of plaintiff and her husband

Effect

Independent advice was available to plaintiff in circumstances.

Onus would shift towards transferees to prove through independent positive evidence not only bargain between parties, but also transaction of sale and sale mutation by showing payment of sale consideration and transfer of possession thereunder

Principles illustrated.

Widow alleged that her thumb-mark on sale-deed was got by her brother on pretext that loan for tractor was to be obtained by him

Brother, to prove execution of sale-deed had produced son of scribe as witness, who stated that widow put thumb-mark thereon in his presence, but he did not state that the sale-deed was read over to her and she put thumb-mark thereon after understanding its contents and consequences flowing therefrom of depriving her of right of ownership in disputed land

Son of scribe did not state that payment of consideration or any part thereof was made in his presence

Payment of consideration was acknowledged in sale-deed to have been made prior to its execution

Another witness produced by brother stated that payment was made in his presence, but he did not state as to when, where and about how many days before execution of sale-deed, such payment was made

In view of such plea of widow, mere presence of her thumb-impressions on sale-deed would not be sufficient to prove execution thereof

Brother did not produce any witness from village to witness execution of sale-deed

Widow had minor children

None of near relatives of widow was made to join transaction and its settlement to prove that she had independent advice about what she was doing

Such evidence was necessary to prove execution of sale-deed by an illiterate Pardahnashin lady, where execution thereof was denied on ground of fraud

Onus to prove execution of sale-deed was on petitioner being beneficiary thereof

Execution of sale-deed held, was not proved in accordance with law.

Where Pardanashin lady is party to a suit, burden is on the male contestants to establish the ouster of Pardanashin lady from ownership or possession or any other right allegedly transferred to the male person.

Respondent, despite being an old, illiterate and Parda observing lady was not provided any independent advice before the sanctioning of mutation

Obligatory on the beneficiary to have made the lady understand things done in connection with attestation and sanctioning of mutation, with regard to her unawareness, age and non-exposure to public

Any transaction, in such circumstances, by a lady could not be maintained without strict proof.

Where the lady had not taken the stand that she was illiterate, privilege of a lady being a "Pardahnashin lady" was not attracted.

Pardanashin -Execution of document-Step-son of one pardanashin and husband of the other writing out names of two pardanashin women on deed of agreement of sale of land

Verbal statement of other party to agreement that such women had given their consent not supported by other evidence

Document, held, was not binding on such pardanashin.

Suit for cancellation of document executed by illiterate pardanashin on ground of fraud-Onus of proving genuineness of contents lies on party relying on document-Rule applies to poor, ignorant, illiterate woman though not pardanashin in strict sense.

Pardanashin Pardanashin-Plea of-To be raised in pleadings and should be made subject of an issue-Not to be entertained when raised in grounds of appeal only.

Pardanashin -Onus of establishing intelligent consent to transaction-How discharged-Women-folk in area of former Sind -Accustomed to leaving management of their property to men folk