Law:

Section:

(a) Limitation Act (IX of 1908)--- ----S. 3---West Pakistan Land Revenue Act (XVII of 1967), S. 42---Islamic law---Inheritance---Inheritance share of sister excluded at the time of recording of mutation---Sister filing suit challenging said mutation after a lapse of fifty years--- Limitation---Through inheritance brother became owner of 2/3rd of the property, while sister became owner of the remaining 1/3rd property---Sister came to own 1/3rd of the property by operation of law and not by any mutation---Mutation was meant to record legal entitlement of brother and sister---If the mutation was erroneously made in favour of the brother (only), such mutation would not create title in favour of the brother in accordance with Sharia law of inheritance---Suit filed by sister was not time barred in circumstances. (b) Islamic law--- ----Inheritance--- Share, relinquishment of--- Burden of proof---Mutation relating to inherited property entered exclusively in name of brother at the exclusion of sister---Brother alleged that his sister was fully aware of such mutation and did not challenge it for fifty years, and that he had also constructed a house on the disputed property---Validity---In order to relinquish or transfer interest in property, there had to be a positive and affirmative act---No document or deed of relinquishment, sale, transfer or gift was brought on record to establish that sister had either relinquished her interest in the disputed property or had actually conveyed or transferred the same in favour of her brother---In the absence of any such affirmative act on part of sister, it could not be said that the property came to vest entirely in the brother---Onus fell squarely on the brother to establish that interest of sister had been transferred in his favour or that sister had relinquished her rights in the disputed property---Brother failed to discharge such onus. (c) Islamic law--- ----Inheritance---Co-ownership---Scope---Mutation relating to inherited property entered exclusively in name of brother at the exclusion of sister--- Sister as co-owner of such property--- Scope---Sister was co-owner of such property and (exclusive) possession/occupation of…

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