Can a Pardanashin lady enter into a contract of transfer of property? Has the transferee to prove any facts to uphold such transaction in Court of Law?

Question: Can a Pardanashin lady enter into a contract of transfer of property? Has the transferee to prove any facts to uphold such transaction in Court of Law? [UPJS 1982]

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Answer

As per Section 7 of the Transfer of Property Act, all individuals who are competent to enter into an agreement and possess any transferable property or have the authority to dispose of transferable property not owned by them can transfer such property in its entirety or partially, either unconditionally or with certain conditions, as per the regulations laid down by the relevant laws in force. To be eligible to enter into a contract as per the Indian Contract Act 1872, an individual must be at least 18 years of age and have a sound mental condition.

Pardanashin women are one who lives in seclusion having no commission except behind the parda or screen with any male person except a few privileged relations. Law provides special protection to pardanashin women on the grounds of their being ignorant so far as worldly knowledge goes. A contract with a pardanashin woman is presumed to have been induced by undue influence.

So, in addition to the condition laid down under Section 7 of the Act, a Pardanashin woman is expected to have entered into a contract voluntarily and not under any influence. The general practice of assuming that the person signing the contract has understood it is not followed in the case of a pardanashin woman as observed in Mariam Bibi v. Sakina, (1892] 14 All 8. The case of a pardanashin woman is considered exceptional and the other party has to prove that the pardanashin woman was not influenced and she fully understood the situation she was getting herself into just like any other reasonable person would.

Therefore, as long as the Pardanashin woman is not a minor, a sound person, and not under the influence, she is allowed to enter into a contract of transfer of property under the Act.

In the leading case of Padarth Halwai v. Ram Narain, (1915) 17 BOMLR 617, it was held that the Transfer of property by a Pardanashin woman, when the attesting witness could not see her but could hear her voice; the attestation was very much valid.