Any Agreement waiving the Sanctity of Inheritance Rights must be executed with Free Consent and Lawful Consideration --- Supreme Court of Pakistan
Islamabad 07-10-2024: The Supreme Court of Pakistan, under the Appellate Jurisdiction, delivered a landmark judgment today, setting aside the Lahore High Court's decision in a prolonged inheritance dispute and reinstating the original decree favoring Mst. Shamim Akhtar. The Court denounced the fraudulent attempts by the petitioners to deprive the widow of her rightful share in the estate left by her late husband, Meherban, and imposed substantial costs on them for engaging in deceptive litigation tactics.
The case, Civil Petition No. 4576 of 2023, was initiated by Mst. Shamim Akhtar in 1999, following the death of her husband, Meherban, a Sunni Muslim. The petitioner sought her inheritance rights, which were allegedly deprived through suspicious gift mutations executed by the deceased just days before his death. The litigation continued for over two decades, with the petitioners presenting a questionable Razi Nama (settlement deed) purportedly relinquishing Mst. Shamim Akhtar’s share of inheritance.
The three-member bench, headed by Chief Justice Qazi Faez Isa, highlighted the High Court’s failure to address the core issue of inheritance rights and instead, delving into peripheral matters. The Court observed that such procedural mishandling and lack of due diligence result in undue hardships, particularly for female heirs, who are frequently deprived of their rightful shares due to fraudulent tactics and nefarious documentation.
In its judgment, the Supreme Court restored the decree passed by the Additional District Judge, Rawalpindi, dated 16-01-2010, which had originally ruled in favor of Mst. Shamim Akhtar. The Court directed the petitioners (nephews of Mst. Aksar Jan, the other widow of Meherban) to pay costs of five hundred thousand rupees within three months. It further ordered the revenue authorities to ensure the estate is distributed in accordance with Islamic Shariah and submit a compliance report.
The judgment emphasized the sanctity of inheritance rights under Islamic Shariah, reaffirming that any agreement waiving such rights must be executed with free consent and lawful consideration. The Court criticized the involvement of the petitioners and their legal counsel in creating bogus documentation, reiterating that procedural technicalities should not defeat substantive justice.
The ruling serves as a stern warning against the misuse of legal processes to deprive female heirs of their inheritance. The Court made it clear that such tactics would not be tolerated, and those engaging in them would face stringent legal consequences, including substantial costs.
In a broader context, the decision is expected to have far-reaching implications on similar inheritance disputes, particularly those involving female heirs. The judgment underscores the responsibility of Courts to safeguard the rights of vulnerable members of society and calls for greater vigilance and integrity in adjudicating such cases.
The Supreme Court’s decision to restore justice in a long-standing case reflects its commitment to upholding the rights of female heirs and ensuring that legal processes are not manipulated through fraudulent means.
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