The Supreme Court determined that a registered sale deed remains effective even if the buyer failed to sign or place a thumb impression on the document, noting that anyone claiming fraud must present concrete details and proof.
Writing the ruling, Justice Shahid Waheed explained that registered instruments are legally assumed valid until the challenger proves the opposite using strong evidence, meaning simple accusations of fraud do not shift the burden of proof.
The bench delivered this decision while resolving a pair of appeals centered on the ownership of 64 kanals and one marla of agricultural property.
Justice Ayesha A. Malik and Justice Shahid Waheed formed the two-judge bench that granted the appeals, overturned previous rulings from the Lahore High Court and an appellate court, and brought back the trial court ruling that threw out the lawsuit.
Court files show that Nasreen Zahra originally contested a registered sale deed from May 10, 1976, involving inherited property, claiming the agreement resulted from fraud.
Back in 2005, the trial court threw out her lawsuit because she waited almost 20 years to file and failed to back up her fraud claims with proof, though an appellate court ruled in her favor in 2006, and the Lahore High Court confirmed that outcome in 2015.
According to the Supreme Court, plaintiffs who claim fraud happened must state exactly who did it, the time it took place, and the method used, but the lawsuit in this matter lacked those necessary details.
The ruling additionally discussed legal protections for a pardanashin woman, stating that her background alone does not cancel out papers carrying her signature or thumb impression.
Courts must investigate whether she comprehended the meaning and consequences of the paperwork and agreed to it voluntarily, the justices noted.
Explaining the difference between agreements and deeds, the court pointed out that a sale agreement simply promises a future deal, while a registered sale deed actually transfers property ownership.
