Law: Specific Relief Act (I of 1877)

Section: 42,39

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

Section: 129(g)

Law: Civil Procedure Code (V of 1908)

Section: 115

(a) Pardanashin lady-------Transaction regarding property with a pardanashin lady---Mandatory conditions/ parameters for a transaction regarding property with a pardanashin, infirm/old and illiterate lady which should be complied with and have to be fulfilled in a transparent manner through evidence of a high degree so as to prove the transaction as legitimate and dispel all suspicions and doubts surrounding it--Said conditions are:- (i) That the lady is fully cognizant and is aware of the nature of the transaction and its probable consequences; (ii) That she has independent advice from a reliable source/person of trust to fully understand the nature of the transaction; (iii) That witnesses to the transaction are such, who are close relatives or fully acquainted with the lady and have no conflict of interest with her; (iv) That the sale consideration is duly paid and received by the lady in the same manner; and (v) That the very nature of transaction is explained to her in the language she understands fully and she is apprised of the contents of the deed/ receipt, as the case may be.Phul Peer Shah v. Hafeez Fatima 2016 SCMR 1255 ref.(b) Specific Relief Act (I of 1877)-------Ss. 42 & 39---Suit for declaration and cancellation of mutation---Old and illiterate lady---Property transaction---Lady, being an old aged widow and also illiterate, instituted a suit against the defendant claiming that he, in connivance with the revenue staff, got transferred her agricultural land without her knowledge---Trial Court decreed the suit in favour of the lady which judgment and decree were maintained by the Appellate Court---Validity---Old and illiterate ladies are entitled to the same protection which is available to the Parda observing lady under the law---Beneficiary of any transaction involving pardanashin and illiterate women has to prove that it was executed with free consent and will of the lady, she was aware of the meaning, scope and implications of the document that she was executing;she was made to understand the implications and consequences of the same and had independent and objective advice either of a lawyer or a male member of her immediate family available…