Law: Transfer of Property Act, 1882

Section: IV,54

Law: Specific Relief Act (I of 1877)

Section: 8,42,54

(a)    Transfer of Property Act (IV of 1882)--- ----S. 54---Specific Relief Act (I of 1877), Ss. 8, 42 & 54---Suit for declaration, partition, possession and permanent injunction---Inheritance---Share of daughter, denial of---Plea of execution of an agreement to sell and receiving of share in inheritance---Failure to seek specific performance of agreement to sell within time---Absence of mutation and non-registration of sale---Contradictory evidence---Suit was decreed concurrently---Validity---Law assists the vigilant, not those who sleep on their rights---Once the claim was denied by a co-owner, the applicants were under a legal obligation to approach the competent court and assert their claim against respondent/plaintiff, and their failure to do so raised serious questions about the credibility and maintainability of their stance---Such inaction reflected gross negligence and demonstrated a lack of bona fide intent, especially in matters relating to partition of joint property and enforcement of alleged sale agreements---Benefit of any equitable relief cannot be extended to those who have failed to act within the legal framework and prescribed time limits---If a valid and lawful sale had truly occurred, it would have been duly reflected in the revenue record and appropriate legal formalities such as registration of the sale deed and mutation would have been completed--Absence of these essential steps undermined the credibility of their claim--Mere attestation of agreement to sell does not establish the valid execution or consent of all co-sharers, especially in the absence of independent and consistent corroborative evidence---Overall evidence presented by the applicants lacked coherence, consistency and legal reliability---Contradiction between the statements of key witnesses cast serious doubt on the genuineness of the agreement to sell and reflected an attempt to create a false narrative--Mere production of a document could not affect the rightful claim of the respondent, whose existence as a legal heir was undisputed---Civil revision was dismissed, in circumstances. 2020 YLR 871; 2021 CLC 1987; 2021 CLC 2011; PLD 2021 Lahore 533; 2021…