Yes, according to a 2023 ruling by the Supreme Court of Pakistan, a release deed may be deemed null and void if it turns out to have been obtained through fraud or deception.
This ten-year legal battle between inheritance and trust in an Islamabad family highlights how Pakistani law protects heirs.
A Hidden Betrayal in a Family Home
A family home stood as a silent legacy on Street No. 64, Sector I-9/3, Islamabad. The house belonged to the father’s widow, one son, and two daughters after his death in 2007. Life went on without incident until 2013, when the daughters were shocked to discover that their brother had claimed the house as his sole property and had given it to his wife through a 2009 release deed.
The sisters maintained that they never intentionally signed any papers relinquishing their inheritance. When they learned that the brother had tricked them into signing documents they didn’t fully comprehend under the pretense of a joint transfer for all heirs, their confusion turned to betrayal.
Bringing the Case to Trial
In an attempt to have the release deed ruled void for fraud and misrepresentation, one sister filed a civil suit in Islamabad in 2013. Her daughter and husband represented the other sister, who died during the proceedings. They quarreled:
Under false pretenses, the deed was signed.
There was no family settlement or payment.
They did not knowingly agree to give up their shares.
The brother vehemently defended the action, asserting:
The sisters must have understood the deed because they were educated.
The deed received a legal stamp after being registered.
There was no evidence to support the claim that he had paid them from another family property.
Appellate and Trial Court Decisions
The trial court ruled in favor of the sisters, declaring the deed null and void from the start because
Not being paid or given any thought.
The brother’s deception.
witness testimony that is contradictory.
In 2015, the higher appellate court maintained this decision.
But in 2016, the Islamabad High Court overturned the ruling, reasoning that the sisters must have understood the document because of their education. It gave the property to the brother and his wife, treating the deed as a gift.
Intervention of the Supreme Court
The sisters filed an appeal with Pakistan’s Supreme Court, which looked into:
Section 25 of the Contract Act of 1872 states that unless a contract is formed out of genuine love and affection, it is null and void if no consideration is given.
According to Muslim law, daughters are entitled to inherit unless they knowingly give up their portion.
Stamp Act of 1899: There was no official family settlement or appropriate stamp duty.
The brother held a dominant position since he oversaw all documentation, according to the Court’s application of the control and trust test. Since they thought it was a joint transfer rather than a relinquishment, the sisters signed in good faith.
Taking into account previous precedents:
Rarely do male heirs willingly give up property for female heirs, according to Ghulam Ali v. Mst. Ghulam Sarwar Naqvi (1990).
Relinquishment without consideration is null and void, according to Sadar Din v. Mst. Khatoon (2004).
According to Mirza Abid Baig v. Zahid Sahib (2020), a release deed may be voidable due to dishonesty in a property transfer.
Conclusion & Main Points
The sisters’ legitimate ownership was reinstated after the Supreme Court declared the release deed null and void. Important points:
A fraudulently obtained release deed has no legal force behind it.
Trust can be abused; education does not shield against dishonesty.
A legitimate release deed requires consideration, such as payment or settlement.
According to Muslim law, daughters inherit unless they knowingly and voluntarily forfeit their portion.
If there is proof of fraud, high courts cannot overrule lower courts.
In order to uphold justice and legacy, the sisters took back their portion of the family home.
FAQs
- In Pakistan, can a release deed that was signed under false pretenses be deemed null and void?
Indeed. The deed may be deemed void if it was acquired by fraud or misrepresentation, shielding heirs from dishonesty.
- According to Pakistani law, what is a release deed?
A release deed is a formal document in which a person gives up their claim to property; it typically calls for payment or consent from family members.
- How are rights to inheritance in Pakistan protected by Muslim law?
It guarantees that property will pass to heirs, including daughters, unless they voluntarily forfeit their portion.
- What occurs if there is no consideration in a release deed?
It is null and void under Section 25 of the Contract Act of 1872 unless it is made with sincere love and affection.
- Can a release deed still mislead an educated person?
Indeed. As demonstrated in this instance, trust can be abused; education does not stop fraud.
- How does the Supreme Court handle disputes involving release deeds?
The Supreme Court overturns decisions that disregard fraud or misrepresentation and guarantees that decisions made by lower courts are supported by evidence.
Disclaimer
This blog is not legal advice; it is merely for public awareness.
