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ABDUL REHMAN vs Mst — 2022 SCMR 399 SUPREME-COURT

Case information

Citation
2022 SCMR 399 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2022
Reporter
SCMR
Parties
ABDUL REHMAN vs Mst
Subject matter
Criminal
Provisions referred to
S. 3; S. 42---I

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

ABDUL REHMAN VS Mst. ALLAH WASAI S. 3, First Sched. & art. 120---Specific Relief act (I of 1877), S. 42---Inheritance---Co-sharer---Suit for declaration seeking share in inheritance---Limitation---Six-year period of limitation provided by art. 120 of First Schedule to the Limitation act, 1908 was to be counted from the time when the right to sue accrues, and the right to sue accrues to a co-sharer against the other co-sharer, when the latter denies the rights of the former in the joint property or ousts him/her from the co-ownership of the joint property---Wrong entry as to one's inheritance rights in the revenue record (i.e., inheritance mutation) is not, to be taken as an ouster of a co-heir from the co-ownership of the joint property---Indeed, the devolution of the ownership of the property on the legal heirs takes place, under the Islamic law, through inheritance immediately, and that too without intervention of anyone---Treating a wrong inheritance mutation, as an ouster of a co-sharer from the co-ownership of the joint property, and treating the six-year limitation period under art. 120 of the Limitation act, 1908 to start from the date of sanction of the inheritance mutation, is not legally correct.

Other judgments reported in 2022 SCMR

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