Law: Civil Procedure Code (V of 1908)

Section: 115

Civil Procedure Code, 1908 (V of 1908)-- ----S. 115--Inheritance claim--Relinquishment of right of inheritance--Whether unislamic--Capacity of minor to relinquish--Question of public policy--Predecessor-in-interest of petitioners owned agriculture land, upon his death mutation of inheritance was attested in favor of petitioner--Respondent filed suit for declaration with prayer that he and his sister are entitled to inheritance, any entry made during their minority age is void to their rights--Any relinquishment deed prepared or entered in revenue record is also void--Trial Court decreed suit filed by respondent, which was upheld by appellate Court--Challenge to--Petitioner contended that impugned sanction is 65 years ago, as such, presumption of truth is attached to them, therefore, Courts below fell in legal error--Case of respondent/plaintiff was that she was owner in possession of suit land being successor-in-interest and that she had not relinquished her right to inherit and that defendant/petitioner has deprived plaintiff of inheritance in collusion with revenue staff--Plaintiff claimed that she was minor at time of attestation of mutation, as such was not competent to enter into any transaction/contract or relinquish her right in inheritance and thus whole affair was manoeuvred--Defence of petitioners through written statement and subsequent evidence was that at time of opening of succession of late, predecessor-in-interest of parties, respondent/plaintiff had relinquished her right in favour of her brother, upon which mutation was attested in his favour, as such she subsequently cannot claim her right in inheritance which she had already validly surrendered--Whole case of respondent hinges on point that at time of attestation of mutation she was minor as such under law she was not competent/capable to relinquish her right and that impugned mutation has been obtained on basis of fraud--Trial Court has framed issues to resolve controversy and onus to prove these issues was on plaintiff--Plaintiff produced her husband as her special attorney and also produced documents including impugned mutation--Perusal of whole record shows that it was never defence of…

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