MUHAMMAD YASEEN vs SHAMSHAD ALI Illiterate lady — 2025 PLD 177 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD YASEEN VS SHAMSHAD ALI Illiterate lady---Agricultural land---Transactions involving elderly, pardanashin, illiterate and rural ladies---Burden of proof---Burden is on the claimant to establish affirmatively that the woman substantially understood the document and that the execution of the document was indeed her free and intelligent act---If the woman is illiterate, it is required that the contents of the document be read over to her. Citation Name: 2025 PLD 177 KARACHI-HIGH-COURT-SINDHBookmark this Case MUHAMMAD YASEEN VS SHAMSHAD ALI Illiterate lady---Agricultural land---Execution of agreement to sell by Pardanashin/illiterate ladies---Mandatory conditions/ parameters for a transaction regarding property with a pardanashin/illiterate lady which should be complied with---Said conditions are:- (i) Proper identification; (ii) Reading and explanation of the document; (iii) Presence of independent witnesses; (iv) Free and voluntary consent; (v) Independent legal advice: and (vi) Witnesses for thumb impression or signatures---Said conditions were designed to protect the interests of vulnerable individuals and ensure that transactions were conducted with fairness and transparency---Failure to meet these requirements could render the transaction suspect and may lead to its invalidation. Citation Name: 2025 PLD 177 KARACHI-HIGH-COURT-SINDHBookmark this Case MUHAMMAD YASEEN VS SHAMSHAD ALI Ss. 12 & 54---Suit for specific performance of an agreement to sell with permanent injunction---Pardanashin lady---Illiterate lady---Execution of an agreement to sell qua agricultural land---Burden of proof---Failure of the attesting witnesses to identify the Pardanashin/ illiterate ladies at the time of execution of the agreement---Absence of the attesting witnesses at the time of signing and thumb impressing the agreement to sell---Effect---Suit instituted by the appellant was partially decreed against the respondent excluding the Pardanashin/ illiterate ladies---Appellant preferred an appeal, in which partial decree was set aside and the suit was dismissed as a whole---Validity---In case of illiterate and Pardanashin women the burden of proof rested heavily on the appellant, who sought to benefit from the transaction involving those women, however, the appellant failed to meet this burden, as the evidence presented lacked corroboration regarding the identification of the illiterate/Pardahnashin women---Additionally, the document, purportedly signed by male (respondent) and the thumb impressions affixed by the illiterate/Pardahnashin women, were not put in the sight of the witnesses as required---Witnesses failed to state such material facts during their evidence and the absence of independent legal advice further undermined the appellant's claim---Appellate Court rightly concluded that the appellant failed to prove its case, thus, the impugned judgment required no interference---Second appeal was dismissed, in circumstances. Citation Name: 2025 PLD 177 KARACHI-HIGH-COURT-SINDHBookmark this Case MUHAMMAD YASEEN VS SHAMSHAD ALI art.79---Execution of a document---Proof---attesting witnesses---In order to prove the execution of a document through attesting witnesses, the witnesses must state that the signatures or thumb impressions of executants were made in their presence and within their view.

MUHAMMAD YASEEN vs SHAMSHAD ALI Illiterate lady — 2025 PLD 177 KARACHI-HIGH-COURT-SINDH

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