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CYRUS COWASJEE vs KARACHI METROPOLITAN CORPORATION S — 2022 PLD 106 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PLD 106 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
PLD
Parties
CYRUS COWASJEE vs KARACHI METROPOLITAN CORPORATION S
Subject matter
Civil
Provisions referred to
S. 5---S; S. 5

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

CYRUS COWASJEE VS KARACHI METROPOLITAN CORPORATION S.5---Succession act (XXXIX of 1925), 213(2)(b)---Sindh Peoples Local Council (Land) Rules, 1975, Rr. 27 & 36---Mutation fee---'Will' by Parsi---Probate grant of---Petitioners were Parsi by faith who were aggrieved of demand of mutation fee raised by authorities for the property transferred through inheritance on the basis of 'Will'---Validity---Immovable property in question stood evolved/transmitted by operation of law of inheritance ('Will') and did not involve any act of transfer as defined in S.5 of Transfer of Property act, 1882---Immovable property was acquired from the estate left behind by deceased father of petitioners through inheritance ('Will')---Right and title in the inherited immovable property stood devolved automatically in petitioners as per their respective share by operation of law---No element of transfer of property as defined under S.5 of Transfer of Property act, 1882, involved in such eventuality---No authority under Sindh Local Government act, 2013, to charge or collect mutation charges/fee in respect of immovable property wherein right and title was acquired by way of inheritance through Will, as it did not involve any act by which a living person had conveyed property to one or more other living persons---Such transfer of property was not covered under S. 5 of Transfer of Property act, 1882---High Court directed the authorities to refund mutation fee charged from petitioners---Constitutional petition was allowed accordingly.

Other judgments reported in 2022 PLD

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