𝐋𝐢𝐦𝐢𝐭𝐚𝐭𝐢𝐨𝐧 𝐑𝐮𝐧𝐬 𝐢𝐧 A𝐥𝐥 𝐂𝐚𝐬𝐞𝐬, 𝐈𝐧𝐜𝐥𝐮𝐝𝐢𝐧𝐠 𝐈𝐧𝐡𝐞𝐫𝐢𝐭𝐚𝐧𝐜𝐞: 𝐒𝐂

𝐋𝐢𝐦𝐢𝐭𝐚𝐭𝐢𝐨𝐧 𝐑𝐮𝐧𝐬 𝐢𝐧 A𝐥𝐥 𝐂𝐚𝐬𝐞𝐬, 𝐈𝐧𝐜𝐥𝐮𝐝𝐢𝐧𝐠 𝐈𝐧𝐡𝐞𝐫𝐢𝐭𝐚𝐧𝐜𝐞: 𝐒𝐂

There is a big misconception that limitation law does not apply to inheritance cases, especially to those cases in which the claimant is a female  against her male family members. Honorable Justice Mansoor Ali of the Supreme Court has given a judgment exactly on this point in a recent past wherein he has held that there is no exception for any kind of cases including inheritance cases from the limitation law. But limitation law does not run in inheritance cases in the same way as it does in ordinary cases.

He held that there are two kinds of denials from which cause of action accrues and limitation starts running:   threatening denial and actual denial. Limitation actually starts running when an actual denial takes place, not the passive denial. In family/inheritance matters actual denial is when the other family member takes an explicit step to transfer the inherited property in him name to sell it to someone else. The limitation will start from such an explicit action as it amounts to actual denial.

Mere verbal denial does not give rise to a cause of action. Similarly, in inheritance cases, mere transferring property in one’s name also does not trigger limitation as one co-sharer possesses the property on behalf of all others. Hence, the other family members have constructive possession and the one who transfers the property in his name has actual possession. To the extent of the possession of the part of the other co-sharers, he possesses it on behalf of all others. Thus, limitation does not run. However, if the one who has actual possession tries to transfer the property in someone else’s name and sell it, the cause of action will arise and limitation will start running which will never stop.

The Court further held that Islamic Law is applicable in inheritance cases. The property of the deceased person under Islamic Law devolves on the surviving family members automatically and wrong entry in revenue record or mutation in the name of one family member does not oust the other family members from the inheritance unless they forgo their shares or do not take any step when an actual denial takes place.

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