| Case ID |
323b167d-1e29-427d-b499-06c978f89d3d |
| Body |
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| Case Number |
Civil Revision No. 403 of 2011 |
| Decision Date |
Dec 08, 2011 |
| Hearing Date |
|
| Decision |
The High Court dismissed the petition due to the failure of the petitioner and the respondent No. 2 to prove the genuineness of the gift deed. The case involved a dispute over a gift deed executed by a pardanashin lady, where the burden to prove the validity of the transaction lay on the beneficiaries. The court emphasized the need for clear evidence of good faith in transactions involving vulnerable parties, particularly women who may not fully understand the implications of legal documents. The decision reaffirmed the principle that if a female heir disputes a transaction, the onus lies on the benefactor to prove its legitimacy. |
| Summary |
This case revolves around the dispute of a gift deed involving a pardanashin lady, Mst. Suraya Begum, and her brothers. The plaintiff contested the validity of the gift deed executed by her, claiming she was deceived into signing it under the pretense of a partition agreement. The court highlighted the legal principles governing transactions involving women, particularly those who may not have the capacity to understand complex legalities. The decision underscores the importance of safeguarding the rights of vulnerable individuals in property transactions. The ruling serves as a crucial reference for similar cases, emphasizing that the burden of proof lies with those asserting the validity of such transactions. Key terms include 'gift deed', 'pardanashin', 'deception', and 'burden of proof', which are relevant in legal discussions surrounding property rights and gender equity in legal transactions. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Qaiser Rashid Khan
|
| Lawyers |
Malik Muhammad Asad
|
| Petitioners |
Muhammad Akbar
|
| Respondents |
Others,
Mst. Suraya Begum
|
| Citations |
2014 SLD 553 = 2014 MLD 1080
|
| Other Citations |
2005 SCMR 1859
|
| Laws Involved |
Qanun-e-Shahadat,
Specific Relief Act, 1877
|
| Sections |
117,
120,
127,
42
|