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J&K and Ladakh High Court Restores Woman's Inheritance Rights After 44-Year Legal Battle

· India · Times of India, The Independent

The High Court of Jammu & Kashmir and Ladakh has restored a woman's right to inherit her father's property following a legal dispute that began on September 14, 1982. The claimant, Themu, had originally filed a civil suit seeking a half share in 58 kanals and 11 marlas of land left by her late father Sonu. She challenged mutation number 43 dated October 15, 1966, which had been recorded exclusively in favour of Shib Devi. While a sub-judge court in Kishtwar recognised her claim on March 9, 2004, the district judge reversed the decision on November 7, 2012, citing limitation grounds and questions regarding paternity. Justice Shahzad Azeem set aside the district judge's ruling, holding that adverse revenue entries recorded during the claimant's minority cannot automatically defeat legitimate inheritance claims on limitation grounds.

Why it matters

The ruling protects minor heirs from losing ancestral property rights due to adverse revenue entries made during their childhood.

Read the original report — Times of India

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