In PLJ 2004 Lahore 971, the courtroom emphasised that a co-sharer in exclusive possession of a certain part of joint property are unable to alienate, transfer, or adjust it with out a daily partition between all co-sharers.
The Court directed the Executing Courtroom to be sure the right measurement and resolve of shares just before handing in excess of possession, adhering strictly to the decree’s scope even though contemplating the contiguity of property segments (2024 MLD 36).
In Muhammad Aslam v. Federal Board of Revenue (2022 PTD 1510), the Lahore Higher Court docket dominated that mutation of inheritance will not confer title but serves for revenue functions. The court docket clarified that the best of inheritance gets helpful instantly upon the death of the predecessor, and the related date for tax uses could be the date of Loss of life, not the day of mutation.
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This determination highlights the Courtroom’s emphasis on shielding the interests of minors in co-owned Houses, making sure that their rights will not be compromised by unauthorised transactions.
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Certainly, since the landowner, it’s very important to challenge such conduct. That’s because, anonymous no matter how the first correct of way came into existence, extended use can modify the nature of the proper by prescription.
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