Third Party Interest
PLD 2024 SC 600
Inheritance cases where third party interest has been created in the property.
Commencement of limitation period----
Burden of proof on claimant to prove that he was not aware of having been deprived of his inheritance share --- Principle stated .
Court while dealing with inheritance cases tread very cautiously to balance the proprietary rights of the legal heirs of the deceased Muslim owner and third party , who has acquired proprietary rights therein , and that too , in good faith and for valuable consideration . It is for this reason that , legal heirs must be vigilant and not indolent regarding their proprietary rights in their sharai share of inheritance . There is a stark distinction between cases in which an heir has been deprived of his sharai share and disregarded at the time of recording of the inheritance mutation , and those cases in which the heir comes forward to seek his sharai share after third-party rights in the subject land have been created . To succeed in respect of the former category of cases , as compared to the latter , is legally less cumbersome , as it is not hurdled by the rigors of limitations the possession over the inherited property by one heir is considered as constructive possession on behalf of all the heirs , and the cause of action would only arise , when the deprived heir seeks his share and the same is denied by the other in possession of the inherited property . However , to succeed in respect of the latter category of cases , where third-party interest is created in the inherited property , is legally more problematic , as the legal heir would then have to face the wrath of the period of limitation . The burden ofproof would rest on the claimant heir to demonstrate and prove that he was not aware of having been deprived , give cogent reasons for not challenging the long-standing property record , or showing complicity between the buyer and the seller (the ostensible owner) or that the buyer knew of his interest in the property and yet proceeded to acquire the same . It is when faced with such legal handicap that the claimant heir may seek exception to the bar of limitation provided under Section 18 of the Limitation Act , 1908 by establishing that he was kept oblivious to the cause of action or accrual of his rights through fraud , and therefore , was an " injuriously affected person . Thus , in cases , where the claimant heir , being an " injuriously affected person has a right to sue , does not institute the suit claiming his right within the prescribed limitation period , no fresh period of limitation can be available to him , his legal heir (s) or any other person who derives his right to sue from or through him (the injuriously affected person).
