proof of a Will executed by an old, illiterate,
ailing or Pardanashin lady.
22. In this regard, reference may be had to the oft
quoted ... person who seeks to sustain a document executed
by a pardanashin lady that he executed it with a true
understanding mind, it has been held
section 16
of the Indian Contract Act, 1872 which relates to pardanashin
ladies. The courts can apply this principle to old, illiterate, ailing
or infirm
prosecution
(informant) who is mother of the deceased, illiterate and pardanashin
lady.
Submissions on behalf of the State
14. On the other hand, Mr. Ajay
legal shares. It is further
pleaded that the Plaintiff is a pardanashin lady who had reposed trust in the
Defendants and that her signatures ... urged that the Plaintiff's plea of being a pardanashin or naive lady is
untenable, as she personally executed documents before the Sub-Registrar
case of an illiterate lady is akin to be that of Pardanashin
lady and the onus is on the defendant to proof that execution
petitioner is that she is a 60-year-old
pardanashin lady and cannot be alleged to have committed the
said act of attacking
undue influence. Her case was that she was an illiterate and pardanashin lady;
the document was never read over or explained to her; she merely ... result of fraud and undue influence. The plaintiff, an
illiterate and Pardanashin lady, whose land was admittedly managed by the
contesting defendants, only admitted
Plaintiff had claimed that she was a Pardanashin lady and on
the representation of the Defendant/Respondent, had appointed them as
Signature Not Verified
Signed
illegal, including the
ground of the said Hoshiari Devi being a pardanashin lady, aged 81 years
and suffering from brain tumor as well
their favour. It
was also asserted that Manti Devi was a pardanashin lady and
also that the suit lands are not transferable lands ... that Manti Devi was a literate lady
and was not a pardanashin lady. The defendant 2nd party
claimed to have acquired title over the land