Transfer of ownership of property in inheritance is not dependent on sanction of mutation

Download Link PDF: https://www.supremecourt.gov.pk/downloads_judgements/c.p._989_2015.pdf 

The Court while dealing with the claim of the petitioner in the inheritance of her father observed: “[P]etitioner, claiming her share in the legacy left by her father, was on the basis of operation of law and not on the basis of any mutation. … [M]utation is not a document of title. The sole purpose of a mutation is to keep the record of rights updated and to maintain the fiscal records straight. When she being one of the legal heir of deceased Habib Khan then she becomes entitled to inherit the legacy of her father from the day her father died and as such becomes co-sharer/co-owner in the property and this entitlement of petitioner is based on operation of Mohammadan Law and the Law of Inheritance.” (Para 2)  

Brikhna v. Faiz Ullah 

Download Link PDF: https://www.supremecourt.gov.pk/downloads_judgements/c.p._989_2015.pdf 

Present Mr. Justice Mazhar Alam Khan Miankhel and Mr. Justice Qazi Muhammad Amin Ahmed

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