A co-sharer, regardless of the extent in their interest in joint property, is actually a co-proprietor in every inch of that property on the extent of their share till a partition occurs, which they could rightfully claim.
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The defendants have the choice to hunt redress as a result of partition, and if they fall short to secure any share, all the gifted land could be handed above to them.
This ruling emphasizes the need for comprehensive and precise documentation in legal proceedings involving land ownership and pre-emption rights.
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When co-owned property ends in a partition motion, the courtroom or partition referee could demand proof of who paid the…
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In PLJ 2004 Lahore 971, the court emphasised that a co-sharer in special possession of a certain portion of joint property cannot alienate, transfer, or modify it with no an everyday partition between all co-sharers.
These circumstances collectively underscore the judiciary’s motivation to shielding the rights of co-sharers, making certain transparency in property transactions, and preserving procedural fairness in disputes involving jointly owned Homes.