Law: Criminal Procedure Code (VII of 1908)

Section: 115

REMARKS

Determination of Parentage of a child- Establishment of pertenage- \"The fact that any person was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the legitimate son of that man, unless it can be shown that the parties to the marriage had no access to each other at any time when he could have been begotten.\" > Limitation- Inheritance- Undeibly the impugned inheritance mutation No.1707 was entered and attested on 08.10.1999 whereas, the petitioners have brought their suit on 24.02.2016 i.c. after more than 17 years without giving any convincing justification for not seeking the relief at the earliest.

Summary of the Case:Inheritance Dispute

This case is a civil revision petition filed by Asliyat Khan challenging concurrent judgments of the Civil Judge (28.05.2019) and Additional District Judge (07.03.2020), both of which dismissed his suit regarding inheritance and partition of property.

The petitioner claimed that mutation No. 1707 (dated 08.10.1999) in favor of Mst. Saeeda (widow) and Mst. Nayab (daughter) of deceased Aurang Khan was fraudulent. He argued that Mst. Nayab was not the real daughter of Aurang Khan but born from a later marriage of Mst. Saeeda with another man, Ayaz.