P L D 2014 Supreme Court 167
Inheritance---Limitation---Scope---Property claimed on basis of inheritance---Acquiescence of claimant heir---Effect---Law of limitation was not to be ignored entirely or brushed aside whenever property was claimed on the basis of inheritance---Conduct of claimant-heir might become relevant and material when the bar of time limitation was pleaded by the defendant-heir---Defendant-heir might show that claimant-heir by his/her acts, overt or implicit, demonstrated acquiescence in the defendant's title to the suit property thereby allowing him to deal with it was exclusive owner, for instance by regularly and openly disposing of parts of the property or developing it at his own expense over a period of time within the knowledge of the claimed-heir---When in such circumstances the defendant-heir transferred suit property for valuable consideration, the transferee was entitled to believe that defendant-heir had a valid title to transfer.
----Inheritance---Limitation---Scope---Property claimed on basis of inheritance---Acquiescence of claimant-heir---Effect---Waiver of inheritance right in property---Scope---Plaintiff-heir filed suit in the year 1991 assailing registered sale deed dated 8-6-1916 and sale mutation dated 23-12-1917---Plaintiff had also challenged inheritance and gift mutations dated 5-12-1930, 1-9-1949 and 11-11-1959 respectively along with further mutations attested from time to time up to the year 1987---Plaintiff-heir was more than 80 years old at the time of filing the suit in the year 1991, and according to evidence she was 6/7 years old, when entire suit property was inherited by her as a limited owner---Plaintiff-heir married in the year 1930 and as a result had to give up her property in favour of her step-sister, and since then plaintiff remained out of possession of suit property---Plaintiff-heir was aware as to how property was handled thereafter and of her rights therein---Plaintiff-heir was well aware of the transfer of suit property made by her step-sister and the subsequent gift transfer, but never questioned the sale deed of the year 1916 till filing of suit in the year, 1991---Suit property was further sold and re-sold, constructed and re-constructed upon, but the plaintiff took no action to annul or prevent the transfers of suit property---When plaintiff filed suit in the year 1991, there were as many as 251 transferees of suit property-Conduct of plaintiff clearly demonstrated acquiescence in all the impugned transfers of property which amounted to waiver of her right---Transferees of suit property, on account of plaintiff-heir's in action, led to believe that defendant-heir-transferor had a valid title in the suit property.
P L D 2014 Supreme Court 167
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