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ZAKIA BEGUM vs NASIR-UL-ISLAM KHAN S — 2022 SCMR 2130 SUPREME-COURT

Case information

Citation
2022 SCMR 2130 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2022
Reporter
SCMR
Parties
ZAKIA BEGUM vs NASIR-UL-ISLAM KHAN S
Subject matter
Civil
Provisions referred to
S. 41---T; Property Act

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

ZAKIA BEGUM VS NASIR-UL-ISLAM KHAN S. 41---Transfer by ostensible owner---Bona fide purchaser of property without notice---Requirement of purchaser acting in good faith and taking reasonable care before entering into the transaction---Scope---Purchaser was required to do due diligence when purchasing properties---In the present case the purchasers exercised due diligence by approaching the revenue records for ascertaining title of the properties, which showed that the sons were the owners of the properties and had become owners by virtue of unchallenged wills---section 41 of the Transfer of Property Act, 1882 applied in the present case and the purchasers were entitled to such equitable protection available to them---Order accordingly.

Other judgments reported in 2022 SCMR

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