Law:

Section:

(a) Pardanasheen lady--- ----Property transaction undertaken by an old, illiterate, village 'Pardanasheen' lady---Onus to prove---Mandatory conditions to be fulfilled so as to prove such a transaction to be legitimate, stated. In case of a (property) transaction with an old, illiterate/rustic village 'Pardanasheen' lady the following mandatory conditions should be complied with and fulfilled in a transparent manner and through evidence of a high degree so as prove the transaction as legitimate and dispel all suspicions and doubts surrounding it; (i) that the lady was fully cognizant and was aware of the nature of the transaction and its probable consequences; (ii) that she had independent advice from a reliable source/person of trust to fully understand the nature of the transaction; (iii) that witnesses to the transaction were such, who were close relatives or fully acquainted with the lady and had 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 was explained to her in the language she understood fully and she was apprised of the contents of the deed/receipt, as the case may be. (b) Pardanasheen lady--- ----Property transaction undertaken by an old, illiterate, village 'Pardanasheen' lady---Fraud and deception---Connivance of defendant and revenue staff in destroying the original mutation---Nature of the transaction, payment of sale consideration, presence of the witnesses attesting the same not proved through evidence---Attesting witnesses giving conflicting statements---Pardanasheen lady not given independent advice---Impugned transaction was set aside in circumstances with the observation that principle of caution in protecting the legitimate rights of the illiterate/rustic village 'Pardanasheen'lady, must be applied vigorously and rigidly. Plaintiff, who was an illiterate, village 'Pardanasheen' lady, also had an aged mother, who was dependent upon her and was having no male blood relative to give proper advice, protecting her rights at the time of the disputed transaction thus, she was vulnerable and fully exposed to any fraud.…

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