KHALEELULLAH vs MUHAIM KHAN S — 2024 PLD 600 SUPREME-COURT

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KHALEELULLAH VS MUHAIM KHAN S. 3---Objection as to limitation---If the objection as to the law of limitation is not raised by any of the parties to the suit, the trial Court and the appellate Court are obligated under section 3 of the Limitation Act, 1908 to consider and decide the same. Citation Name: 2024 PLD 600 SUPREME-COURTBookmark this Case KHALEELULLAH VS MUHAIM KHAN Inheritance---Estate of a Muslim, on his death, is transferred to his legal heirs by operation of law, with each heir having constructive possession of his share in the estate till the partition of the entire estate or transfer of his share under the law. Citation Name: 2024 PLD 600 SUPREME-COURTBookmark this Case KHALEELULLAH VS MUHAIM KHAN Inheritance---Denial of inheritance rights---Cause of action to sue, accrual of---Scope---In the case of denial of the inheritance to an heir, the cause of action to sue accrues to him, when the co-sharer[s]/legal heir[s] in actual possession of the inherited property denies (actually) or is interested to deny (threatens) the share of the claimant legal heir in the inherited property---Actual denial of right of a co-sharer by the other co-sharer may occur, when the latter does something explicit in denial of the rights of former, such as by making a fraudulent sale or gift deed---Transfer of property to a third party, be it through sale or gift, constitutes an actual denial of rights---In contrast, a simple annotation in the revenue records is regarded as a threatened or apprehended denial of rights. Citation Name: 2024 PLD 600 SUPREME-COURTBookmark this Case KHALEELULLAH VS MUHAIM KHAN S. 18---Inheritance---Inheritance cases where third party interest has been created in the property---Commencement of limitation period---Burden of proof on claimant to prove that he was not aware of having been deprived of his inheritance share---Principle stated. Citation Name: 2024 PLD 600 SUPREME-COURTBookmark this Case KHALEELULLAH VS MUHAIM KHAN according to the principles of pleadings, once an assertion is duly recorded, its specifics need not be detailed therein.

KHALEELULLAH vs MUHAIM KHAN S — 2024 PLD 600 SUPREME-COURT

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