RUSTAM KHAN vs Mst — 2026 PLD 53 PESHAWAR-HIGH-COURT

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RUSTAM KHAN VS Mst. PATHANI through Legal Heirs Validity---Essential ingredients---A transaction which is based on an oral gift has two parts, namely the fact of the oral gift which has to be independently established by proving through cogent and reliable evidence the three necessary ingredients of a valid gift i.e. (1) declaration of gift, (2) acceptance of the gift and (3) delivery of the possession of the subject of the gift; however, this is not enough---The second ingredient i.e. mutation on the basis of an oral gift has to be independently established by adopting the procedure provided in the Land Revenue Act and the Rules framed thereunder as well as the evidentiary aspects of the same in terms of the Qanun-e-Shahadat, 1984. Transaction(s) relating to such lady---Pre-conditions---In a male dominated society where the female legal heirs are consistently deprived even of their 'Sharai' shares in inheritance matters, like sisters, the principle of caution in protecting the legitimate rights of the illiterate parda observing lady must be applied vigorously and rigidly---In a case of transaction of valuable property with old, illiterate/rustic village 'Parda Nasheen' lady, onus to prove the transaction, being legitimate and free from all suspicions and doubts surrounding it, can only be dispelled if the following mandatory conditions are complied with and fulfilled through transparent manner and through evidence of a high degree:- (i) that the lady was fully cognizant and was aware of the nature of the transaction and its probable consequences; (ii) that she was having independent advice from a reliable source/person of trust to fully understand the nature of the transaction; (iii) that witnesses to the transaction were such, who were close relatives or fully acquainted with the lady and were having no conflict of interest with her; (iv) that the sale consideration was duly paid and received by the lady in the same manner; and (v) that the very nature of transaction was explained to her in the language she understood fully and she was apprised of the contents of the deed/receipt, as the case may be. S.39---Suit filed by lady for cancellation of gift mutation---Pardanasheen lady---Transaction qua her property---Requirements---Respondent/plaintiff, a parda nasheen lady of advanced age, was married having four sons, but none from her relatives in prohibited degree was associated with the gift mutation to identify her and both the witnesses of mutation, who allegedly identified her, were not her relatives---Record was also silent about the fact that whether the respondent, who was an illiterate and parda observing old lady, was having any independent advice from her near and dear ones, or that, she was amply made acquainted with and explained that the document, on which she was going to impress her thumb, would permanently deprive her and her sons from the landed property and she would be no more its owner---The beneficiary of any transaction involving parda nasheen and illiterate women has to prove that it was executed with free consent and will of the lady; that she was aware of the meaning, scope and implications of the document she was executing---Lady should be made aware and understand the implications and consequences of the transaction and should have independent and objective advice either of a lawyer or a male member of her immediate family available to her---Petitioner failed to point out any illegality or infirmity committed by both the Courts below while passing impugned judgments for cancellation of gift mutation---High Court maintained concurrent finding passed by both the Courts below---Revision, filed by defendant, was dismissed, in circumstances.

RUSTAM KHAN vs Mst — 2026 PLD 53 PESHAWAR-HIGH-COURT

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