The Supreme Court of Pakistan on Friday gave a historic decision resolving a 71 year old family feud. The court said that inheritance is a Sharia and legal right. If the head of a family dies, his inheritance goes to the family members along with the women. It cannot be changed through any arrangement, social pressure, fake billing entry or maneuver.
Supreme Court Justice Shahid Bilal Hasan rejected the Lahore High Court’s decision of January 26, 2017 in this case. Justice Shahid Bilal Hasan, while delivering the judgement, said that the right to inheritance is not a gift given for the happiness of the male members of the family, nor is it an exemption dependent on custom, convenience or family goodness.
The dispute was going on since 1955
This feud started when a property owner Roshan died in 1955. Inheritance Mutation No. 74 was registered on 4 April 1955 in favor of his legal heirs. After this, mutation number 75 was also recorded on the same day. It was recorded that the daughters of the deceased had allegedly given the property inherited from their father on the basis of gift deed to their two brothers.
The petitioners made these serious allegations against their brothers
In this case, it was said on behalf of the petitioners that no such gift was given by them to their heirs in the form of a gift deed. Mutation No. 75 was approved to deprive female heirs of their legal share. To get possession of the property, the sons of the deceased and their heirs fraudulently transferred the share of the property to the female heirs in their favor through exchange mutation and gift deed.
The daughters of the deceased had filed a case regarding inheritance.
A case was filed on behalf of the petitioners i.e. the daughters of the deceased to declare mutation number 75 illegal. This case was dismissed by the trial court. Then, the Appeal Court and Lahore High Court also upheld the decision of the trial court.
Supreme Court ruled in favor of the daughters of the deceased
However, a two-judge bench of the Supreme Court accepted the appeal of the petitioners and said that the law is in favor of protecting the rights of female heirs. Therefore mutation number 75 is declared illegal and invalid. The court said that under the applicable inheritance law, Roshan’s daughters were also entitled to a share in his property.
Justice Shahid Bilal Hasan gave this instruction to the courts
The Supreme Court has also directed the venue officials to correct the revenue records, decide the shares of the heirs as per law and then separate them. While giving the verdict on this matter, Justice Shahid Bilal Hasan said that the courts and revenue officers dealing with such disputes must keep in mind that the law is in favor of protecting women instead of reducing their inheritance rights.
The law of inheritance has a special place in Islamic jurisprudence.
Stis Shahid Bilal Hasan also said that any case in which a female heir has been excluded from inheritance should be judicially investigated very carefully. He also said that the law of inheritance holds a special place in Islamic jurisprudence. The rights given by Allah should neither be weakened nor denied.
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