Inheritance Rights of Female Heirs, as guaranteed under Islamic Law, must be enforced without Exception --- Supreme Court of Pakistan
Islamabad 09-10-2024: The Supreme Court of Pakistan, in a significant ruling, dismissed a petition that sought to delay and deprive female heirs of their rightful inheritance. The judgment was delivered by a bench comprising Chief Justice Qazi Faez Isa, Mr. Justice Naeem Akhtar Afghan, and Mr. Justice Shahid Bilal Hassan, in the case of [Civil Petition No. 3381 of 2024] filed by Tanvir Sarfraz Khan against the Federation of Pakistan and others. The Court not only rejected the petitioner’s plea but also imposed substantial costs for what it termed as “frivolous litigation.”
The case revolved around a family dispute concerning the estate of the late Sarfraz Ahmad Khan, who passed away in 2010, leaving behind five sons, five daughters, and a widow. The main asset in question was a house located in Rawalpindi. The female heirs had sought their shares in accordance with Islamic law, and the petitioner, Tanvir Sarfraz Khan, had initially agreed to a ‘Consent/Joint Statement’ outlining the distribution of the estate. However, he later reneged on his agreement, claiming he did not fully understand the document he had signed.
The Supreme Court firmly rejected the petitioner’s assertion, emphasizing that as a retired Assistant in the Education Department, he was educated and capable of understanding legal documents. The Court noted that his legal counsel was also present during the signing, making his claim of misunderstanding baseless. “The property of a deceased Muslim vests in his legal heirs immediately upon his death,” the Court reiterated, underscoring that any attempt to deprive legal heirs, especially female heirs, of their rights is a violation of Islamic law and cannot be condoned.
The Court observed that the petitioner only filed a suit for partition, declaration, specific performance, and permanent injunction after his sisters sought their share in the inheritance. This suit was filed more than a decade after the death of Sarfraz Ahmad Khan, suggesting that it was a strategic move to delay or obstruct the distribution of the estate. The Court condemned this misuse of legal processes, highlighting the need to protect the inheritance rights of vulnerable members of society, particularly women.
The Supreme Court noted that such tactics are becoming increasingly common and pose a serious threat to the enforcement of inheritance rights. The bench criticized the petitioner for employing dishonest tactics and wasting the Court’s time. In a strong deterrent against such behavior, the Court dismissed the petition and imposed costs of three hundred thousand rupees on the petitioner, to be paid equally to the respondents who were deprived of their lawful shares.
Moreover, the Court allowed the respondents to claim mesne profits for the period during which they were unjustly deprived of their inheritance due to the petitioner’s refusal to comply with the terms of the ‘Consent/Joint Statement.’ The judgment sends a clear message that the judiciary will not tolerate frivolous litigation intended to undermine the legal rights of rightful heirs.
The Supreme Court's ruling not only reinforces the sanctity of consent orders but also affirms that agreements signed voluntarily and in the presence of legal counsel are binding and cannot be challenged on frivolous grounds. The bench’s decision reaffirms that the inheritance rights of female heirs, as guaranteed under Islamic law, must be enforced without exception.
This judgment is expected to set a precedent in future inheritance disputes, particularly those involving attempts to deprive female heirs of their lawful shares. Legal experts believe that the ruling will act as a deterrent against the growing trend of frivolous litigation in inheritance matters, ensuring that legal heirs, especially women, receive the protection and rights afforded to them under the law.
This landmark decision underscores the Supreme Court’s commitment to upholding justice, protecting the rights of vulnerable groups, and curbing the misuse of legal processes in Pakistan.
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