Law is well settled that wrong mutation confers no right in property as revenue record is maintained only for fiscal purposes .
Heir in possession has to be considered to be in constructive possession of the property on behalf of all the heirs in spite of his exclusive possession, e.g., the possession of the brothers would be taken to be the possession of their sisters, unless there was an express repudiation of the claims of the sisters in favour of brothers and in order to relinquish or transfer her interest in the property, there has to be a positive and affirmative act.
Civil Appeal No.130 of 2016
Noor Din deceased through LRs VERSUS Peruaiz Akhtar & others
01-08-2023
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