Property transactions involving deaf and mute will require relative's presence: SC
Pakistan
The concerned authorities must adhere to this principles as per Supreme Court’s order
ISLAMABAD (Dunya News) – Supreme Court of Pakistan (SCP) issued a judgment regarding the necessary presence of a close relative or friend during the transaction of property involving deaf and mute people.
The Supreme Court has ruled that transactions of properties belonging to deaf and mute individuals should be carried out in the presence of a close relative. Differently abled individuals cannot protect their basic rights like other ordinary citizens due to their lack of ability to speak and hear. Such individuals cannot be considered mentally incapacitated, as they understand and communicate through sign language.
According to the ruling, the transfer of property of special individuals will be done in the presence of a close relative or friend, and relevant authorities should ensure that there is no conflict of interest of accompanying helper in the transfer of property. The concerned authorities must adhere to these principles in any transaction involving deaf and mute individuals, the order has been issued by Supreme Court Justice Jamal Khan Mandokhail in a six-page verdict.
The case pertaining to this issue is of Fatah Muhammad, who do not have hearing ability, sold his land in 2003 for two million rupees. The close relatives of Fatah Muhammad filed a lawsuit against the sale of the land, and the trial court declared the transaction as fraudulent. The SCP overruled the decision of Lahore High Court (LHC) by declaring it null and void, and restored the decision of the trial court.
