Mst. NASIRA ANSARI vs Late TAHIRA BEGUM Ss — 2025 SCMR 2087 SUPREME-COURT

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Mst. NASIRA ANSARI VS Late TAHIRA BEGUM Ss. 42 & 54---Qanun-e-Shahadat (10 of 1984), Arts. 117 & 120---Suit for declaration and injunction---Benami transaction---Proof---Onus to prove---Assets in the name of spouse or children---Appellants / plaintiff's claimed that suit properties were Benami transactions in favour of respondent / defendant, who was their real mother---Contention of appellants / plaintiffs was that they had been deprived of their legal share by respondent / defendant who was just an ostensible owner---Validity---Attributes of "Benami transaction", in reality means a transaction in the name of another person to describe and express a transaction of a property who holds that property as an ostensible owner for its beneficial owner---In fact, it is a genre of transaction where somebody recompenses for the property but does not get hold of it in his personal name---Person in whose name such type of property is purchased is called Benamidar and the property so purchased is called Benami property---Despite the fact a Benami property is purchased in the name of someone else, the person who sponsored the transaction is the real owner---By and large, the assets acquired in the name of spouse or a child for which the money is paid from known sources of income is called Benami property---Onerous sense of duty lies on the party who raises plea of Benami transaction to prove by adducing unimpeachable evidence---Court is not required to decide such pleas on the basis of mere suspicion---Mode and manner of transaction is to be established by corroborating intentions of parties at the relevant time which could be congregated from surrounding circumstances such as relationship/association of parties, the motive or aspiration implicit in transactions including subsequent comportment and factum of possession of the property and custody of title documents---Best possible evidence could have been adduced by deceased himself if he had any dispute with regard to title of properties which he never raised in his lifetime---Even if properties were purchased through funds or resources of deceased husband, then both husband and wife were privy to such arrangements/transactions in their own marital relationship---After passing of several years, children could not question or challenge title or ownership of properties in the name of their mother without any cogent proof or trustworthy evidence that she was actually an ostensible owner---Supreme Court declined to interfere in judgment and decree passed by High Court---Appeal was dismissed.

Mst. NASIRA ANSARI vs Late TAHIRA BEGUM Ss — 2025 SCMR 2087 SUPREME-COURT

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