Q:

Sister gave GPA with selling rights to his real brother in 1983 as females were given under their family pressure and that brother sold relevant agricultural land to their mother in 1990, but he did not inform and paid sister for this transaction and even did not pay annual rent of her land for 37 years. Whereas mother sold that land to her 3 sons including GPA holder on very next date in 1990. She tried to get back of her land but she is unsuccessful till yet and could not fight legally owing to lack of support from her late husband and her sons subsequently Please guide her Can she cancel that GPA in said situation? Can she claim the cost of her land on today's market rate? Can she claim the rent of her land for 37 years? Please guide

Thursday, July 9th, 2020 by ahmedalraee

Answers

  1. yes, she can claim her land back along with all rental income. No limitation,

    2018 SCMR 2080 SUPREME-COURT
    WALI MUHAMMAD KHAN Vs Mst. AMINA

    Donor, a pardanashin lady—Requirements—Exclusion of sister s from inheritance—Gift of property purportedly made by mother to her sons to the exclusion of daughters—Proof and burden of proof—Document whereon the statement of the mother/purported donor was allegedly recorded and on which she was stated to have affixed her thumb impression was not produced; and instead a simple photo copy of such document was produced, which neither constituted primary nor secondary evidence—Burden of proof to establish the gift laid on the sons/appellants but they failed to discharge such burden—Appellants had alleged that the gift was made in the presence of a person “G”, but he did not testify—Both sides maintained that the purported donor was an old, illiterate, parda observing lady—Paper on which her purported statement was recorded bore a thumb impression—Appellants had to establish that the purported donor had impressed her thumb impression on it but they made no effort to prove it, which they could have done by having it forensically examined and having it compared with some document on which she had admittedly impressed her thumb, such as her identity card and or her passport—Person who recorded the alleged statement of purported donor, did not make any effort to verify her identity through any means, let alone her national identify card/passport—Said person also did not take simple precautions, such as enquiring from the purported donor about her family members and the reason why her children were not present—Since an elderly parda observing illiterate lady intended to divest her entire property in favour of only two of her children, every precaution should have been taken to ensure that the parda clad person who was produced before the revenue officer was actually the purported donor—Subsection (7) of S. 42 of the Khyber Pakhtunkhwa land Revenue Act, 1967 required that the person from whom the property was being acquired was to be identified by, “two respectable persons… whose signatures or thumb-impressions shall be obtained by the Revenue Officer”—Such procedure was not followed in the present case—Furthermore the register of mutations was not produced, nor verified copies therefrom exhibited—Appellants had completely failed to establish the purported gift in their favour—Appeal was dismissed with the observation that the courts exercised extreme caution when faced with ‘gifts’ which deprived female members of a family.