The Residuaries (Paternal Cousins) are entitled to the Residue of the Estate after satisfying the shares of Sharers (sisters) --- Lahore High Court, Lahore
Islamabad 07-12-2024: The Lahore High Court, in a landmark decision delivered by Mr. Justice Ch. Muhammad Iqbal, dismissed four Writ Petitions challenging the inheritance rights of paternal cousins under Islamic law. The judgment reaffirmed the principles of inheritance as prescribed by the Holy Quran, Sunnah, and Muhammadan Law, and upheld the rulings of the revenue authorities.
The dispute involved the inheritance of agricultural and residential properties left by Muhammad Asghar and his sister, Nasreen Akhtar, both of whom died issueless. The estate was initially divided among the widow and sisters as per inheritance mutations. However, paternal cousins of the deceased claimed residuary rights, arguing their entitlement to the residue of the estate.
The Court emphasized the principles of inheritance as defined in the Holy Quran (Surah An-Nisa: Ayats 11, 12, and 176) and Muhammadan Law. It reiterated that:
- Sisters inherit as Sharers, but the residue of the estate goes to Residuaries, if any.
- Paternal cousins qualify as Residuaries in the absence of male Sharers.
Mr. Justice Ch. Muhammad Iqbal referenced Articles 2, 2A, and 227 of the Constitution, which require all laws to conform to the injunctions of Islam.
The Court found no illegality or jurisdictional defects in the decisions of the revenue hierarchy, which had granted shares to the paternal cousins as residuaries.
The Lahore High Court dismissed the petitions, concluding that the revenue authorities had correctly applied Islamic principles. The paternal cousins’ rights as residuaries were upheld, and the Petitioners’ challenges were deemed without merit.
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