Gulzar Ahmad vs Rab Nawaz Ss — 2024 MLD 995 LAHORE-HIGH-COURT-LAHORE

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Gulzar Ahmad VS Rab Nawaz Ss. 42 & 54---Punjab Land Revenue Act (XVII of 1967), Ss. 42 & 45---Suit for declaration and injunction---Inheritance--- Limitations--- Entry in revenue record--- Scope--- Respondents / plaintiffs claimed to be legal heirs of their deceased predecessor-in-interest and had assailed mutation of inheritance in faovur of petitioners / defendants--- Suit and appeal were concurrently decreed in favour of respondents / plaintiffs by two Courts below--- Plea raised by petitioners / defendants was that the suit was barred by limitation--- Validity--- All legal heirs, after the closing of eyes by their predecessor-in-interest, had become absolute owners according to the principles of the Quran and Sunnah, to the extent of their respective shares in estate of the deceased without resorting to legal course of independent transaction--- Such ownership could not be taken away by means of any unauthorized entry in revenue record--- If any entry was made in clandestine manner with collusiveness of revenue staff, such entry was devoid of any legality and did not create any valid rights--- Main object of registration and sanctioning of mutation of inheritance was mere formality to update official record--- All legal heirs of deceased had become absolute owners of the property to the extent of their respective shares until and unless they themselves voluntarily and legally further alienated their such shares / rights and such legal heir by operation of law would become joint owner in the estate having constructive possession over their shares---No limitation runs against inheritance matters as well as against any patently void order / entry---High Court in exercise of revisional jurisdiction declined to interfere in concurrent findings of fact as there was no illegality or any other error of jurisdiction---Revision was dismissed, in circumstances. Citation Name: 2024 MLD 995 LAHORE-HIGH-COURT-LAHORE Gulzar Ahmad VS Rab Nawaz Inheritance--- Shares, distribution of--- Principle--- Rights and shares of each and every Muslim heir in estate of his / her deceased propositus is absolutely conclusive and finally described / determined in the Holy Quran--- Such shares are definite in nature.

Gulzar Ahmad vs Rab Nawaz Ss — 2024 MLD 995 LAHORE-HIGH-COURT-LAHORE

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