2022 SCMR 1647,
No limitation runs against #co-sharer,/co-owner.2022 SCMR 1647
Whenever the rights of a co-sharer are infringed, by way of wrong entries or by any other means, he can seek the redressal by way of a suit for declaration under Section 42 of the Specific Relief Act, 1877. When no limitation runs against a co-sharer/co-owner and the attestation of a mutation also established law of the land, is just for updating the revenue record and for the fiscal purposes creating no title nor is considered as a document of title then no question of limitation arises against co-sharers. The question of limitation in the matters of inheritance, with respect, is being misunderstood for quite some time. When a legal heir becomes owner and at the same time a cosharer in the property left by a deceased Muslim and attestation of mutation in this regard is also immaterial and is meant for very limited purposes and besides the above, possession of a co-sharer is considered as a possession on behalf of all other co-sharers then it is, at least, beyond our consumption and understanding of law of inheritance and the law of limitation as to how the law of limitation can be made applicable for disinheritance of a legally entitled person who becomes owner/co-sharer by operation of law. As per Para 7.1.(v) of the Land Record Manual, recording/entering of a mutation of inheritance is the job of local revenue officials but with the passage of time it has been left to the legal heirs and the parties concerned. Any delay for asking for correction of entries in the record of rights is then attributed to the parties which is not appropriate and against the law.قابض حصہ دار جب تک پراپرٹی مکمل حد بندی کیساتھ تقسیم نہ ہو جائے اس کی ہیئت کو تبدیل نہیں کر سکتا۔۔۔۔۔۔
Co-sharer in possession of joint property cannot change the nature of property in his possession unless partition takes place by metes and bounds.........
2022 YLR 2491