Gifts and Dowry Articles should not be treated to be sufficient Compensation of Inheritance and the same could not be taken as ground for exclusion from the Inheritance --- Supreme Court of Pakistan
Islamabad 08-10-2024: In a landmark decision, the Supreme Court of Pakistan reaffirmed the right of female heirs to inherit property, dismissing a civil petition (Civil Petition No. 284-P of 2012) that sought to deprive daughters of their lawful inheritance. The case, titled “Bakht Biland Khan and others vs. Zahid Khan and others”, was heard by a bench headed by Chief Justice Qazi Faez Isa, alongside Mr. Justice Naeem Akhtar Afghan and Mr. Justice Shahid Bilal Hassan.
The petitioners, Bakht Biland Khan and others, challenged the inclusion of their sisters in the inheritance of their late father, Shah Jehan, arguing that gifts and dowry provided during Shah Jehan’s lifetime should be sufficient compensation and grounds for exclusion from the inheritance. The petitioners' claim was previously dismissed by the Subordinate Courts, leading to their appeal to the Supreme Court.
The Court ruled that the petitioners' arguments were contrary to Islamic Shariah law and the Constitution of Pakistan, both of which guarantee the right of daughters and female heirs to a share in inheritance. In his judgment, Chief Justice Qazi Faez Isa condemned the petitioners' attempts to exclude their sisters from their rightful inheritance, terming the act as a violation of Islamic principles and a misuse of the legal system. “This novel proposition is completely against Shariah and the law of Pakistan,” the judgment stated.
The Court highlighted that the litigation, which had spanned several decades, was another example of brothers depriving their sisters of inheritance rights. The Court criticized the petitioners for dragging the case through multiple Courts, thereby wasting precious judicial time and resources.
The Supreme Court not only dismissed the petition but also imposed a penalty of five hundred thousand rupees on the petitioners, directing them to deposit the amount with the concerned revenue authority within three months. The penalty is to be distributed among those who were deprived of their rightful shares. Should the petitioners fail to comply, the Court ordered that the amount be recovered as arrears of land revenue and distributed accordingly.
The judgment further directed the revenue authorities to ensure that Shah Jehan’s estate is distributed amongst all his legal heirs according to the prescribed shares under Islamic Shariah law. The authorities were also instructed to submit a compliance report to the Member, Board of Revenue, confirming that the decision has been implemented.
This decision sets a significant precedent in enforcing women’s rights to inheritance and discourages frivolous litigation aimed at undermining these rights. Legal experts hailed the judgment as a necessary step to curb the misuse of the judicial system and to protect the rights of vulnerable individuals, particularly women.
The case has been approved for reporting and serves as a stern reminder that the Courts will not tolerate any attempts to undermine the fundamental rights of women in matters of inheritance.
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