KHALIL KHAN vs FAZALDAD KHAN arts — 2022 YLR 2059 HIGH-COURT-AZAD-KASHMIR

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

KHALIL KHAN VS FAZALDAD KHAN arts. 18, 113, 117 & 118---Mutation, cancellation of---Family-tree admitted---Burden to prove mutation---Mutation attested by revenue authorities was alleged to have not been in accordance with the principle of inheritance/family-tree mentioned in the plaint; that predecessor of the deceased had one son and two daughters; that son and one daughter were expired before the death of second daughter; that the appellants only remained among the legal heirs of third daughter and the respondents did not come within the category of sharers/ residuary--- Plaint was concurrently dismissed---appellant/plaintiff contended that respondents managed to register the impugned mutation showing themselves as among the half share-holders/legal heirs of the deceased; that respondents did not come within the list of legal heirs of the deceased; that the said original family-tree of the deceased as produced in the plaint was admitted in the written statement filed by the respondents; that respondents failed to prove any relationship with the deceased; that the family-tree printed on the front side of the mutation was in negation of the tree illuminated on the back of the same---Validity---Held, observations of both the Courts below that suit was hit by the limitation and that impugned mutation was attested after the death of third daughters were not sustainable---No limitation would run against the right of inheritance---Point required to be determined was whether at time of the death of first and third daughters were alive or not---Record/admitted the fact that were third daughter had died which blatantly proved that at the time of death of first daughter and second one who expired before the third was alive---It would make no difference if at the time of attestation of mutation third daughter was alive or died---Registration of mutation was not a precondition to claim the right of inheritance---as soon as a person of Muslim Faith died his/her legal heirs step into his/her shoes regardless of fact that whether mutation had been attested or not---Mutation would not itself confer any title and it was only maintained for realization of land revenue---Being beneficiaries of impugned mutation, respondents had to prove their relationship with first daughter ---Mutation was not trustworthy as the family-tree chalked on front page of the mutation was totally out of line from that engraved at its reverse---Family-tree referred in the plaint was admitted/ endorsed by the respondents in written statement/Court statement, which turned it into an admitted piece of evidence requiring no further proof---appeal was accepted accordingly.

KHALIL KHAN vs FAZALDAD KHAN arts — 2022 YLR 2059 HIGH-COURT-AZAD-KASHMIR

Case information

Judgment text as reported

Other judgments reported in 2022 YLR