| Case ID |
2fd1d24c-ef24-45c3-bce2-c2919b8e8ea2 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No.26-P of 2011 |
| Decision Date |
Nov 14, 2012 |
| Hearing Date |
|
| Decision |
The Supreme Court reviewed the petitioners' suit for declaration against the mutation of inheritance dated 9-7-1927. The petitioners contended that they had a bona fide right to claim their share of inheritance as successors of the deceased Mst. Karam Jan. The Trial Court had decreed the suit, which was affirmed by the First Appellate Court, but the High Court reversed these findings and dismissed the suit. The Supreme Court found that the impugned mutation was never challenged by Mst. Karam Jan during her lifetime, which lasted until 1975. The Court ruled that the petitioners had no standing to challenge the mutation as neither they nor their predecessor-in-interest had raised any objections to it. The Court emphasized that the judgment of the High Court was justifiable and dismissed the petition, refusing leave to appeal. |
| Summary |
In this landmark case, the Supreme Court of Pakistan examined the implications of inheritance rights under the Specific Relief Act (I of 1877), particularly focusing on Section 42 which pertains to suits for declaration. The case arose from a dispute over a mutation of inheritance that had been in effect since 1927, which the original claimant, Mst. Karam Jan, never contested during her lifetime. The petitioners, who were her successors, sought to challenge this mutation long after the fact, arguing that they had a bona fide right to their share of the inheritance. However, the Court found that the failure to contest the mutation earlier barred their claim, highlighting important principles of limitation and locus standi in inheritance disputes. The decision underscores the necessity for timely legal action in matters of property rights and inheritance, as well as the importance of legal representation in navigating complex legal frameworks. This case serves as a critical reference for future inheritance claims and the interpretation of the Specific Relief Act, emphasizing the need for claimants to be proactive in their rights and to challenge any mutations or alterations in inheritance promptly. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
TASSADUQ HUSSAIN JILLANI,
MIAN SAQIB NISAR,
SARMAD,
JALAL OSMANY
|
| Lawyers |
Muhammad Ajmal Khan,
Sardar Muhammad Aslam
|
| Petitioners |
another,
MUHAMMAD RUSTAM
|
| Respondents |
others,
Mst. MAKHAN JAN
|
| Citations |
2013 SLD 1517,
2013 SCMR 299
|
| Other Citations |
Allah Wasaya v. Rahim Bakhsh 1991 SCMR 1369,
Jumma Khan v. Mst. Zenab Bibi PLD 2002 SC 823,
Abdul Haq v. Mst. Surraya Begum 2002 SCMR 1330
|
| Laws Involved |
Specific Relief Act (I of 1877)
|
| Sections |
42
|