Mst. SEHAT BIBI vs BAHAR KHAN Inheritance — 2024 SCMR 938 SUPREME-COURT

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Mst. SEHAT BIBI VS BAHAR KHAN Inheritance---Oral gift deed---Proof---Brother depriving sister from her share in inheritance---Deceased's son (respondent) sold part of the disputed property in which the daughter (appellant) had a 1/3rd inheritance share---Suit filed by the daughter was decreed, however the High Court directed the son to pay the daughter 1/3rd of the sale proceeds instead of 1/3rd share in the property---Legality---Legal heirs inherit property to the extent of his/ her share the very moment his/ her predecessor passes away---In the present case the inheritance mutation was procured in favour of the son (respondent) by fraud after the exclusion of the daughter (appellant) from the inherited property, with connivance of the revenue officials by concealing the fact of existence of the appellant---Hence, the son could not make out a case claiming ownership of the entire property of his late father to the exclusion of the daughter---Appellant being daughter of deceased, could not be deprived of her right in inherited property by any illegal mutation sanctioned at the behest of male heirs---High Court completely failed to apply the law and granted only 1/3rd share out of the sale price of Rs. 13,00,000/- to the daughter--- Grant of 1/3rd share out of the sale price and exclusion of the daughter from the inheritance was against the law---Supreme Court cancelled the inheritance mutation and all subsequent mutations attested on the basis of the same, and gave directions that the revenue authorities shall mutate the entire property of late father of the parties afresh among his legal heirs i.e. son and the daughter, strictly in accordance with law, and that the property already sold out by the son shall be made part of his share while mutating the estate of the late father---Appeal was allowed.

Mst. SEHAT BIBI vs BAHAR KHAN Inheritance — 2024 SCMR 938 SUPREME-COURT

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