Law:

Section:

(a) Pardhanashin lady--- ----Execution of document by---Burden of proof---Principles stated. In the case in which the executant of the document is a pardanasheen or illiterate woman, notwithstanding the fact that she is known to the vendee or is a stranger to him, if she denies the execution of document, the party placing reliance on such document must prove its execution and the burden of proving the negative fact is shifted to such a woman, executant, if the initial burden of proving the genuineness of document is discharged. The 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 is alleged to have been executed by an illiterate or ignorant woman or a pardanasheen lady. Khawas Khan v. Sabir Hussain Shah 2004 SCMR 1259; Ghulam Muhammad v. Farooq Ahmed and others 2002 SCMR 1801 and Arshad Khan v. Mst. Reshman Jhan and others 2005 SCMR 1589 rel. (b) Qanun-e-Shahadat (10 of 1984)--- ----Arts. 79,117, 118, 127 & 129(e)---Registration Act (XVI of 1908), S.60---Registered sale-deed executed by pardahnashin lady---Denial of execution by lady---Death of lady during proceedings before the appeared in witness box---Non-examination of two marginal witnesses by vendee---Sole statement of vendee on oath regarding sale by lady with her free-will and for valuable consideration---Validity---Such statement of vendee being, beneficiary of transaction, could not be considered sufficient to prove willingness of lady and genuineness of registered sale-deed---Legal character of document must be established through independent evidence---Courts in such cases of doubtful character must be extra careful to ascertain genuineness of transaction---Presumption of correctness was attached to registered sale-deed, but same being of disputed character, would not be ipso facto considered a valid document of title---Genuineness of sale was, held, not proved in circumstances. (c) Transfer of Property Act (IV of 1882)--- ----S. 43---Transferee stepping into shoes of transferor, who was not lawful owner of property would not get a better…

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