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Bay name cannot become null and void on basis of not carrying signatures of buyer: SC

ISLAMABAD:Supreme Court (SC) has remarked that registered Bay nama cannot be declared null and void or ineffective on this basis that it does not carry signature or thumb impression of the buyer.

SC has made it clear the party which levels allegation of obtaining registered documents through fraud will have to present clear evidence of allegations of fraud.

Justice Shahid Wahid maintained in its written decision registered documents are considered valid legally unless the respondent which challenges it proves its stance against it through solid evidence.

The burden of evidence does not transfer to other party automatically merely by leveling allegation of fraud.

SC issued this decision after hearing two appeals related to ownership of 64 kanals 1 marla agricultural land.

A two members bench of SC comprising justice Ayesha A Malik and Justice Shahid Wahid while accepting appeals declared null and void the decisions of Lahore High Court and district appellate court besides restoring the decision of trial court.

It was further said in the decision protection of rights of veiled woman is important legally , however merely being unveiled woman does not make illegal automatically the documents carrying her signature or thumb impression.

The court while accepting both of the appeals nullified the decision of LHC appellate court and restored trial court decision.