NOOR DIN (DECEASED) vs PERVAIZ AKHTAR Inheritance — 2023 SCMR 1928 SUPREME-COURT

Case information

Citation: 2023 SCMR 1928 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: NOOR DIN (DECEASED) vs PERVAIZ AKHTAR Inheritance
Subject matter: Criminal

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

NOOR DIN (DECEASED) VS PERVAIZ AKHTAR Inheritance---Inheritance mutation, challenging of---Whether law of limitation applies when challenging an inheritance mutation---In the present case, impugned inheritance mutation was attested on 5.4.1958 in favour of sons only to the exclusion of the daughter---Legal heirs of daughter challenged said mutation through a suit filed on 20.6.2005---Held, that law of limitation would be relevant when the conduct of the claimant (heir) demonstrates acquiescence and particularly when third party interest is created in the inherited property---In the instant case, there is nothing on the record to show that the daughter had either relinquished her interest in the disputed property or transferred it in favour of her brothers, therefore, the cause of action accrued when the appellants/defendants denied her right---As per averments of plaint, the plaintiffs (i.e. legal heirs of the daughter) came to know about the wrong entry for the first time on 22.12.2004 when they obtained copy of inheritance mutation of their maternal grandfather, therefore, the suit cannot be held as time barred---Appeal was disposed of.

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