Law: Transfer of Property Act, 1882

Section: 3,54

Law: Qanun-e-Shahadat (10 of 1984)

Section: 79

(a) Transfer of Property Act (IV of 1882)--- ----Ss. 3 54---Qanun-e-Shahadat (10 of 1984), Art. 79---Agreement to sell immoveable property---Proof and burden of proof---Where the purported seller denied the execution of the agreement and denied agreeing to sell his/her immoveable property, the said agreement was required to be proved by the party relying on the same as mandated by Art.79 of the Qanun-e-Shahadat, 1984. 2008 SCMR 1639 and PLD 2003 Supreme Court 31, para 9, p. 35-36 ref. (b) Transfer of Property Act (IV of 1882)--- ----Ss. 3 54---Qanun-e-Shahadat (10 of 1984), Art. 79---Agreement to sell immoveable property---Proof---Scribe of the agreement as an attesting witness to its execution---Permissibility---Scribe may be an attesting witness provided the agreement itself mentioned/nominated him as such---Where the scribe was not shown or described as a witness in the agreement, he could not be categorised as an attesting witness. PLD 2011 SC 241 ref. (c) Transfer of Property Act (IV of 1882)--- ----S. 54---Qanun-e-Shahadat (10 of 1984), Arts. 17(1) 17(2)(a)---Agreement to sell immoveable property---Proof---Competence and number of witnesses---Scope---In the present case, the purported agreement to sell was with a lady (purported seller) and under the agreement a certain amount was stated to have already been paid and the remainder was to be paid in the future and she was supposed to convey and deliver possession of her house to the petitioner (purported purchaser) upon receipt of the balance payment---Subject agreement was thus in respect of matters pertaining to financial or future obligations in terms of Art.17(2)(a) of the Qanun-e-Shahadat, 1984 and required that such an agreement to be attested by two men, or one man and two women, so that one may remind the other---However, only one attesting witness was produced by the petitioner in the present case---For proving a document Art.17(1) of the Qanun-e-Shahadat stated that, The competence of a person to testify, and the number of witnesses required in any case shall be determined in accordance with the injunctions of Islam as laid down in the Holy Quran and Sunnah---Holy Quran required that the number…

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