The Punjab Land Revenue (Amendment) Act 2012

<h3 class="rtejustify">Amendment in Inheritance Laws</h3>

<p class="rtejustify">It was observed that rights of female heirs are not properly safeguarded due to existing lacunas in the laws and rules governing land administration. Hence, after sanctioning of inheritance mutation, commencement of proceedings for partition of joint holding without submission of application has been made mandatory upon Revenue Officers through&nbsp;Punjab Land Revenue (Amendment) Act 2012. Punjab Assembly passed the amendment bill on Dec 27, 2012 and the Act was notified on January 5, 2013. This is a landmark step for protection of right to property, in general, and for women’s right to property, in particular.</p>

<p class="rtejustify">Following amendments have been made in the Punjab Land Revenue Rules 1968 vide Board of Revenue notification No. 2052-2012/777 dated 3-9-2012 to safeguard property rights of female heirs:</p>

<ul>
    <li class="rtejustify">Upon the death of a land owner, the Revenue officer shall record the statements of at least two respectable persons in respect of legal heirs of the deceased.</li>
    <li class="rtejustify">Reference to CNIC and B form has been made mandatory while sanctioning inheritance mutation so as to ensure that no legal heir is deprived of his/her fundamental right to property.</li>
</ul>

<h3 class="rtejustify">Penal Action against Delinquent Revenue Officers</h3>

<p class="rtejustify">Historically, when inheritance mutation is sanctioned without legal heirs, aggrieved parties agitate at different forum at a later stage. There was a need to ensure that there is appropriate operation against those delinquent officers who due to collusion, non-exercise of due diligence or malafide intention deprive a legal heir of his/her right or award less share or less valuable land in the mutation/partition. Accordingly, in order to create institutional accountability against any malfeasance or abuse of authority, through amendment in Punjab Land Revenue Rules 1968, District Enforcement of Inheritance Rights Committees have been constituted in every district of the province with the following salient features:</p>

<ul>
    <li class="rtejustify">The committee comprises DCO, District Attorney, District Public Prosecutor, ADC(R) and Assistant Commissioner of the concerned sub-division.</li>
    <li class="rtejustify">If any appellate or revisional authority dealing with inheritance mutations finds that any of the legal heirs was deprived of his/her fundamental right of inheritance during sanction of mutation, the appellate/revision authority, while passing the order for correction of mutation, shall send a copy of the same to the Committee.</li>
    <li class="rtejustify">The Committee will scrutinize the facts reported in the order of the appellate/revision authority and upon ascertaining that a legal heir was deprived of inheritance right due to malafide intention or negligence of the Revenue Officer or any other person it may order penal or disciplinary action.</li>
    <li class="rtejustify">The Committee shall meet at least once in a month. Minutes of each meeting shall be sent to the Chief Secretary, SMBR, DG Anti-Corruption and the concerned Commissioner.</li>
</ul>

<p class="rtejustify">(Retrieved from&nbsp;http://wdd.punjab.gov.pk/protection_rights_initiatives)</p>