09/12/2025
انتقال جسے زندگی میں خود چیلنج نا کیا ہو اسکے ورثاء اسکے مرنے کے بعد چیلنج نہیں کر سکتے۔
2021 MLD 1937, 2017 SCMR 468
2016 SCMR 1403, PLJ 2016 Lahore 124
2013 SCMR 299, 2004 SCMR 517
2002 SCMR 1330 1968 SCMR 213, 1971 SCMR 94
Mutation not challenged in life time of donee, could not be challged after his death by his legal heirs.
This is not a case of inheritance. The appellants have challenged the mutation, gift deed and Tamleek Nama on the ground of fraud with the contention that those were got sanctioned to deprive the appellants. This is also interesting that the owner who transferred the properties through mutations, gift deed and Tamleek Nama all pertains to the years 1949 and 1976. Said owner remained alive till the year 1991 and this factor has not been denied in any way by the appellants. The registered instruments were challenged by the appellants after decays through institution of suit on 10.10.2000. In such like cases, it is sine qua non for the seeker to stand on its own legs, who cannot be benefitted for weaknesses, if any, of the adversary.
The registered document attaches sanctity and there is no ground to disbelieve those documents. The other important question in this proposition was the locus standi to the appellants to agitate/challenge those mutations after a period of more than 30/40 years. The owner remained alive for remarkable period and appellants did not challenge anything in his life time. Inheritance opens after death of the owner of the property and not during the life. These mutations were sanctioned during life time of the owner. Being descendants definitely appellants have no locus standi to challenge the aforesaid mutations.......................