Women’s assets can’t be sold sans their consent, says SC – Pakistan

ISLAMABAD: The Supreme Court has held that it is legally unsustainable for an illiterate ‘parda-nashin’ (protected) woman to deprive her of a significant portion of her property without professional or independent advice or understanding of a deed.

The Supreme Court said in a ruling drawn up by Supreme Court Justice Muhammad Ali Mazar that “the real point is that the disposition of property must be understood substantively.”

Justice Mazhar, a member of a two-member judge led by Supreme Court Justice Sardar Tariq Masood, filed an appeal against the Lahore High Court Rawalpindi’s simultaneous dismissal of the Civil Judge Rawalpindi and additional rulings on 15 April 2019. District and Session Judges.

This case involves the deed of gift of property inherited by Jaibunnisa and Hameda Bibi, the ignorant and Pardana gods.

The court found that the comprehensive evidence recorded in the trial court was evidence that the women did not know the type of document to sign. favor.

According to the verdict, there is no record to prove that an indifferent, neutral or non-aligned person read the oath of gift to an illiterate and radical woman. Such documents seriously and seriously threaten the interests of illiterate and stingy women and are in favor of those who have a deep relationship of trust and faith with them. They require rigorous testimony and certification of execution, with assurances of independent and unbiased advice from such women, along with additional confirmation and assurance that the description, impact and aftermath/final consequences of the transaction have been fully explained and understood.

The judgment stated that the burden of proof always rests with Pardanasin or anyone who solicits to keep a transaction concluded with an illiterate woman, with the person proving that the document was executed after having that transaction in mind. The court added that it was a persistent duty and duty to be satisfied with clear evidence that the document was in fact executed by by a duly constituted attorney appointed by her with full understanding and information regarding the nature of her or her documents.

“Women of the fastanasin were protected from social conditions that included incomplete knowledge of the world that was virtually excluded from communion with the outside world,” he added. Protect them from deception, intimidation and misrepresentation.

The verdict also cited several precedents in other jurisdictions to establish that the person claiming the benefit of such a disposition must establish that the woman has a substantive understanding and is in fact her free and intelligent conduct. She added that if she had been illiterate she would have read to her and if her terminology had been complex she would have explained it well enough, she added.

The burden of proving that the transaction is legitimate and free of all doubts and suspicions surrounding it can only be proven if it is established that the woman was fully aware and aware of the nature of the transaction and the expected consequences. She took independent advice from a trusted source/reliable person to fully understand the nature of the transaction. that the witness to the transaction is a close relative or person fully acquainted with the woman, has no conflict of interest with her, and that the woman has been duly paid for and received for the sale in the same manner as the nature of the transaction is described in a language she fully understands and she was informed of the contents of the deed/receipt.

Posted at Serb on May 21, 2022