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

Section: 72,117,120,75

Law: Registration Act, 1908

Section: 17,49

Law: Muslim Family Laws Ordinance, 1961

Section: 5

(a) Qanun-e-Shahadat (10 of 1984)--- ----Arts.72, 117 120--- Document, contents of--- Proof---Principles---Absence of duress, protest, lack of misunderstanding or want of comprehension in itself is not the real proof of true understanding mind of the executant--- Intent and purpose of law is that evidence should be brought on record to prove that document was read over and explained to the executant and it is incumbent upon beneficiary of transaction to bring on record all available evidence to show that onus of proof placed upon him was fully discharged as required by law. Abdul Hameed v. Mst. Aisha Bibi and another 2007 SCMR 1808 and Mst. Nishata v. Muslim Khan alias Musali and others NLR 2011 Civil 507 rel. (b) Qanun-e-Shahadat (10 of 1984)--- ----Arts. 72 75---Document, admissibility of---Stage of objection---Even if no objection was raised at the time of exhibition of documentsbut as a law point the same could be raised at any stage of the case. (c) Registration Act (XVI of 1908)--- ----Ss.17 49--- Muslim Family Laws Ordinance (VIII of 1961), S.5--- Transfer of Property Act (IV of 1882), S.54---Specific Relief Act (I of 1877), Ss. 42 54---Suit for declaration and injunction--- Document, non-registration of--- Unregistered Nikah Nama--- Plaintiffs/petitioners claimed to be owners in suit property but the stance was controverted by defendants/respondents on the basis of unregistered documents--- Both the Courts below concurrently dismissed suit and appeal filed by plaintiffs/petitioners--- Validity--- Non-registration invalidated transaction altogether and such document could not be looked at in view of the provisions of S.49 of Registration Act, 1908--- Un-registered agreement did not confer any right under S.54 of Transfer of Property Act, 1882, to property--- Registration of marriage per Nikah Nama fully in line with Muslim Family Laws Ordinance, 1961, was a legal and authentic document and any property transferred through such document did not need any further registration--- Neither there was any Nikah Nama nor the property was mentioned in Nikah Nama--- Even dower deed executed much after marriage was not registered as required by Registration Act,…

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