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44-Year Inheritance Battle Ends: Woman Wins Father's Land
24 Oct
Summary
- Woman fought for 44 years to inherit her father's land.
- Court ruled minor's status invalidates adverse revenue entry.
- High Court overturned lower court's decision based on limitation.
The High Court of Jammu & Kashmir and Ladakh has delivered a significant judgment, granting a woman rightful inheritance to her father's property after a protracted 44-year legal struggle. The dispute originated in 1982 when the woman initiated a civil suit seeking half of her deceased father's land, challenging a mutation entry made in 1966 that favored another party.
Initially, a sub-judge court in Kishtwar recognized her inheritance entitlement in 2004. However, this decision was later reversed by the district judge in 2012, citing grounds of limitation and unsubstantiated paternity. The High Court, in its recent ruling, set aside the district judge's judgment.
Justice Shahzad Azeem highlighted that limitation cannot be determined by conjecture. The court emphasized that an adverse revenue entry recorded during the claimant's minority should not automatically extinguish a legitimate inheritance claim, especially when the defendants failed to establish the precise date the cause of action arose.
