PARDANASHIN LADY
— When in a transaction made by anyone, where Pardanashin lady’s vital interest became involved then, the following conditions are to be invariably and essentially established through evidence:
a) that transaction was free from any influence, misrepresentation or fraud;
b) that amount of consideration equal to the value of the property was indeed paid to the ladies;
c) that in the case of Pardanashin rustic village ladies, at the time of transaction such ladies were fully made to understand the nature of the transaction and the consequences, emanating therefrom and;
d) that at the time of transaction, the ladies had access to independent advice of their near and dear ones, who had no hostile interest. [2024 CLS 22 = 2024 CLC 181]
— In this 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. [2024 CLS 22 = 2024 CLC 181]
— The beneficiary of any transaction involving Pardanashin and illiterate woman has to prove that it was executed with free consent and will of the lady, she was aware of the meaning, scope and implications of the document that she was executing — She was made to understand the implications and consequences of the same and had independent and objective advice either of a lawyer or a male member of her immediate family available to her. [2024 CLS 22 = 2024 CLC 181]